Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantially: (a) a statement that each person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto; (b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate or opinion is based; (c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and (d) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 9 contracts
Sources: Indenture (Credit Suisse Group Funding (Guernsey) LTD), Indenture (Credit Suisse Group Funding (Guernsey) LTD), Indenture (Credit Suisse Group Funding (Guernsey) LTD)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officer’s Certificate of the Issuer required by Section 4.03) 4.08(a), shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 9 contracts
Sources: Indenture (Light & Wonder, Inc.), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.034.04) shall include substantiallyinclude:
(a) a statement that each person Person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate or opinion is based;
(c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 7 contracts
Sources: Indenture (Avangrid, Inc.), Indenture (Avangrid, Inc.), Indenture (Avangrid, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.034.04) shall include substantiallyinclude:
(a) a statement that each person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate or opinion is based;
(c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 6 contracts
Sources: Senior Indenture (MSCI Inc.), Senior Indenture (Roivant Sciences Ltd.), Subordinated Indenture (Roivant Sciences Ltd.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers’ Certificate required by Section 4.034.6, shall comply with TIA § 314(e) shall include substantiallyand include:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 6 contracts
Sources: Indenture (Chaparral Energy, Inc.), Indenture (Chaparral Energy, Inc.), Indenture (Chaparral Energy, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by Section 4.03provided pursuant to TIA ss. 314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, provided that with respect to matters of fact, an Opinion of Counsel may rely on upon an Officers’ ' Certificate or certificates a certificate of a public officialsofficial.
Appears in 6 contracts
Sources: Indenture (Majestic Star Casino LLC), Indenture (Atlantic Express Transportation Corp), Indenture (Majestic Investor Capital Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officer’s Certificate required by Section 4.034.6, shall comply with TIA § 314(e) shall include substantiallyand include:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Supplemental Indenture (GMX Resources Inc), Indenture (GMX Resources Inc), Indenture (GMX Resources Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officer’s Certificate required by Section 4.03) 4.06, shall include substantiallyinclude, to the extent requested by the Trustee or the Collateral Trustee:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been satisfied or complied with; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Eighth Supplemental Indenture (Navios Maritime Holdings Inc.), Supplemental Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03Section 4.04) shall include substantiallyinclude:
(a) a statement that each person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate or opinion is based;
(c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Senior Indenture (Charles River Laboratories International Inc), Subordinated Indenture (Charles River Laboratories International Inc), Senior Indenture (Auris Medical Holding AG)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include (other than subject to customary language and exceptions in the certificate required by Section 4.03) shall include substantially:case of an Opinion of Counsel):
(a) a statement that each person signing such the certificate or opinion has read such the covenant or condition and the definitions herein relating theretorelated definitions;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such the certificate or opinion is based;
(c) a statement that, in the opinion of each such person, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, provided that an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 5 contracts
Sources: Indenture (Century Aluminum Co), Indenture (Century Aluminum Co), Indenture (Century Aluminum Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.034.04) shall include substantiallyinclude:
(a) a statement that each the person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate or opinion is based;
(c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 5 contracts
Sources: Subordinate Indenture (Fisker Inc./De), Subordinate Indenture (Ooma Inc), Senior Indenture (Ooma Inc)
Statements Required in Certificate or Opinion. Each certificate Officers’ Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantiallyinclude:
(a) a statement that each person signing making such certificate Officers’ Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate Officers’ Certificate or opinion is Opinion of Counsel are based;
(c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or notthat, in the opinion of each such person, such covenant or condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ Officer’s Certificate or on certificates of public officials.
Appears in 5 contracts
Sources: Indenture (Immunomedics Inc), Indenture (Sirius Xm Radio Inc.), Indenture (CTS Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantiallyinclude:
(a) a statement that each person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate or opinion is based;
(c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Senior Notes Indenture (Trinity Industries Inc), Senior Notes Indenture (Trinity Parts & Components, LLC), Senior Indenture (Ak Steel Holding Corp)
Statements Required in Certificate or Opinion. Each certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantiallyinclude:
(a) a statement that each person signing making such certificate Officers' Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate Officers' Certificate or opinion is Opinion of Counsel are based;
(c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or notthat, in the opinion of each such person, such covenant or condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ ' Certificate or on certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Cray Inc), Indenture (Willbros Group Inc), Indenture (Willbros Group Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers' Certificate required by Section 4.03) 4.06, shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) 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 him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Supplemental Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co), Indenture (Del Monte Foods Co)
Statements Required in Certificate or Opinion. Each certificate or opinion Officers' Certificate and Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantiallyinclude:
(a1) a statement that each person signing Person making such certificate Officers' Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate Officers' Certificate or opinion is Opinion of Counsel are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or notthat, in the opinion of each such personPerson, such covenant or condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Nortek Inc), Indenture (Nortek Inc), Indenture (Nortek Inc)
Statements Required in Certificate or Opinion. Each certificate (other than certificates provided pursuant to Section 4.4 hereof) or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantiallyinclude:
(ai) a statement that each person individual signing such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(ciii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates certificate of public officials.
Appears in 4 contracts
Sources: Senior Indenture (Fuelcell Energy Inc), Senior Indenture (Fuelcell Energy Inc), Senior Indenture (Fuelcell Energy Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, any Collateral Agreement or any other Indenture (Document, other than the certificate Officers’ Certificate required by Section 4.03) 4.06(1), shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 4 contracts
Sources: Indenture (Kratos Defense & Security Solutions, Inc.), Indenture (Kratos Defense & Security Solutions, Inc.), Indenture (Edgen Murray PLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by provided pursuant to Section 4.034.4 and TIA Section 314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates certificate of public officials.
Appears in 4 contracts
Sources: Indenture (Meristar Hospitality Corp), Indenture (Meristar Hospitality Corp), Indenture (Meristar Hospitality Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers’ Certificate required by Section 4.03) 4.06, shall include substantiallyinclude, to the extent required by the Trust Indenture Act or requested by the Trustee:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been satisfied or complied with; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 3 contracts
Sources: Indenture (Petrolera San Antonio S.A.), Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers' Certificate required by Section 4.03) 4.8, shall include substantiallyinclude:
(ai) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(ciii) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 3 contracts
Sources: Indenture (RPP Capital Corp), Indenture (Verasun Energy Corp), Indenture (RPP Capital Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than a certificate provided pursuant to Section 4.04 or Section 314(a)(4) of the certificate required by Section 4.03Trust Indenture Act) shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 3 contracts
Sources: Indenture (NEWMONT Corp /DE/), Indenture (NEWMONT Corp /DE/), Indenture (Newmont Goldcorp Corp /De/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers' Certificate required by Section 4.03) 4.06, shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates a certificate of an appropriate public officialsofficial.
Appears in 3 contracts
Sources: Indenture (Amida Industries Inc), Indenture (Terex Corp), Indenture (Terex Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantiallyinclude:
(a) a statement that each person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate or opinion is based;
(c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 3 contracts
Sources: Indenture (Grede LLC), Indenture (Grede LLC), Indenture (Sothebys)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by Section 4.03provided pursuant to TIA § 314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withsatisfied; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates certificate of public officials.
Appears in 3 contracts
Sources: Indenture (TWC Holding Corp.), Indenture (Oasis Interval Ownership, LLC), Indenture (Oasis Interval Ownership, LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (or the Security Documents, other than the certificate Officer’s Certificate of the Issuer required by Section 4.03) 4.08(a), shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 3 contracts
Sources: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.034.04) shall include substantiallyinclude:
(a) a statement that each person Person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate or opinion is based;
(c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, howeverhowever , that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 3 contracts
Sources: Subordinated Indenture (Uil Holdings Corp), Subordinated Indenture (Uil Holdings Corp), Senior Indenture (Uil Holdings Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion Officers' Certificate and Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantiallyinclude:
(a1) a statement that each person signing Person making such certificate Officers' Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate Officers' Certificate or opinion is Opinion of Counsel are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or notthat, in the opinion of each such personPerson, such covenant or condition or covenant has been complied with; providedPROVIDED, howeverHOWEVER, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 3 contracts
Sources: Indenture (Hutchinson Technology Inc), Indenture (Mark Iv Industries Inc), Indenture (Mark Iv Industries Inc)
Statements Required in Certificate or Opinion. Each certificate (other than certificates provided pursuant to Section 4.04 hereof) or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantiallyinclude:
(ai) a statement that each person individual signing such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(ciii) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates certificate of public officials.
Appears in 2 contracts
Sources: Indenture (Lear Corp /De/), Indenture (Lear Corp /De/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by provided pursuant to TIA Section 4.03314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, PROVIDED that with respect to matters of fact, an Opinion of Counsel may rely on upon an Officers’ ' Certificate or certificates a certificate of a public officialsofficial.
Appears in 2 contracts
Sources: Indenture (Archibald Candy Corp), Indenture (Archibald Candy Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officer’s Certificate required by Section 4.03) 4.06, shall include substantiallyinclude, to the extent requested by the Trustee or the Security Agent:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been satisfied or complied with; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 2 contracts
Sources: Indenture (Global Ship Lease, Inc.), Indenture (Global Ship Lease, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the a certificate required by provided pursuant to Section 4.034.09 or Trust Indenture Act Section 314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the individual making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate or certificates of public officers as to matters of fact); and
(d) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 2 contracts
Sources: Indenture (Western Digital Corp), Indenture (Western Digital Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officer’s Certificate of the Issuer required by Section 4.03) 4.08(a), shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is based;are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 2 contracts
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by Section 4.03provided pursuant to TIA ss. 314(a)(4)) shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read and understands such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, provided that with respect to matters of fact, an Opinion fact Opinions of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 2 contracts
Sources: Indenture (Vegeterian Times Inc), Indenture (Vegeterian Times Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by provided pursuant to Section 4.034.04 and TIA Section 314(a)(4)) shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates certificate of public officials.
Appears in 2 contracts
Sources: Indenture (Prime Hospitality Corp), Indenture (Prime Hospitality Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion --------------------------------------------- Officers' Certificate and Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantiallyinclude:
(a1) a statement that each person signing Person making such certificate Officers' Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate Officers' Certificate or opinion is Opinion of Counsel are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or notthat, in the opinion of each such personPerson, such covenant or condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 2 contracts
Sources: Indenture (Mark Iv Industries Inc), Indenture (Mark Iv Industries Inc)
Statements Required in Certificate or Opinion. Each certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a condition or covenant provided for in this the Indenture (other than the certificate required by Section 4.03) shall include substantiallymust include:
(a) a statement that each person Person signing such certificate the Officers' Certificate or opinion Opinion of Counsel has read such the covenant or condition and the definitions herein relating theretorelated definitions;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate the Officers' Certificate or opinion Opinion of Counsel is based;
(c) a statement that, in the opinion of each such personPerson, he that Person has made such examination or investigation as is necessary to enable him the Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, provided that an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 2 contracts
Sources: Indenture (Giant Industries Inc), Indenture (Giant Industries Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, the Intercreditor Agreement or any Collateral Agreement, other than the certificate Officers’ Certificate required by Section 4.03) 4.06, shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 2 contracts
Sources: Indenture (McLeodUSA Holdings Inc), Indenture (McLeodusa Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Officers’ Certificate provided pursuant to Section 4.034.4) shall include substantially:
(a) a statement that each person signing the Person making such certificate or opinion has read and understands such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied withsatisfied; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 2 contracts
Sources: Indenture (American Finance Trust, Inc), Indenture (Global Net Lease, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the a certificate required by provided pursuant to Section 4.034.09 or Trust Indenture Act Section 314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the individual making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;condition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is based;are based;
(c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; with (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate or certificates of public officers as to matters of fact); and
(d) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 2 contracts
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture, any Collateral Agreement or any other Indenture (Document other than the certificate Officers’ Certificate required by Section 4.03) 4.06, shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to such matters of fact, fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officialsofficials and provided, further, that an Opinion of Counsel may have qualifications for opinions of the type required.
Appears in 2 contracts
Sources: Indenture (Claymont Steel Holdings, Inc.), Indenture (CitiSteel PA, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by provided pursuant to TIA Section 4.03314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, provided that, (i) with respect to matters of fact, an Opinion of Counsel may rely on upon an Officers’ ' Certificate or certificates a certificate of a public officialsofficial, and (ii) with respect to Restricted Payments, the Company shall provide the statements required by Section 4.7.
Appears in 2 contracts
Sources: Indenture (Majestic Star Casino LLC), Indenture (Majestic Star Casino LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers' Certificate required by Section 4.03) 4.06, shall include substantiallyinclude:
(a1) a statement that each person Person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 2 contracts
Sources: Indenture (New World Coffee Manhattan Bagel Inc), Indenture (Discovery Zone Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers' Certificate required by Section 4.03) 4.8, shall include substantiallyinclude:
(ai) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(ciii) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; providedPROVIDED, howeverHOWEVER, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 2 contracts
Sources: Indenture (Salt Holdings Corp), Indenture (Salt Holdings Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers’ Certificate of the Issuer required by Section 4.03) 4.08(a), shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 2 contracts
Sources: Indenture (Scientific Games Corp), Indenture (Scientific Games Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by provided pursuant to TIA Section 4.03314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to regardless of whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or notregardless of whether, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, PROVIDED that with respect to matters of fact, an Opinion of Counsel may rely on upon an Officers’ ' Certificate or certificates a certificate of a public officialsofficial.
Appears in 2 contracts
Sources: Indenture (Dimac Holdings Inc), Securities Purchase Agreement (DMW Worldwide Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by provided pursuant to TIA Section 4.03314(a)(4)) shall include substantiallyinclude:
(a1) a statement that each the person signing making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials' Certificate.
Appears in 2 contracts
Sources: Indenture (Del Webb Corp), Indenture (Del Webb Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by provided pursuant to TIA Section 4.03314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, provided that, (i) with respect to matters of fact, an Opinion of Counsel may rely on upon an Officers’ Certificate or certificates a certificate of a public officialsofficial, and (ii) with respect to Restricted Payments, the Issuer shall provide the statements required by Section 4.7.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than a certificate provided pursuant to TIA § 314(a)(4) or the certificate Officers’ Certificate required by Section 4.034.04) shall include substantiallyand must include:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withsatisfied; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; satisfied. provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates certificate of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.034.04) shall include substantiallyinclude:
(a) a statement that each person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate or opinion is based;
(c) a statement that, in the opinion of each such person, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Note Agreement, other than the certificate Officers' Certificate required by Section 4.03) 4.08(a), shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 1 contract
Sources: Note Agreement (Designs Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers’ Certificate required by Section 4.03) 4.08, shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Leslies Poolmart Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by Section 4.03provided pursuant to ▇▇▇ ▇. 314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, provided that with respect to matters of fact, an Opinion of Counsel may rely on upon an Officers’ ' Certificate or certificates a certificate of a public officialsofficial.
Appears in 1 contract
Sources: Indenture (Terex Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers' Certificate required by Section 4.03) 4.06, shall include substantially:include: 102 -95-
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (McMS Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture must include (other than subject to customary language and exceptions in the certificate required by Section 4.03) shall include substantially:case of an Opinion of Counsel):
(a) a statement that each person signing such the certificate or opinion has read such the covenant or condition and the definitions herein relating theretorelated definitions;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such the certificate or opinion is based;
(c) a statement that, in the opinion of each such person, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, provided that an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 1 contract
Sources: Indenture (Century Aluminum Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers' Certificate required by Section 4.03) 4.08, shall include substantially:include: 123
(a1) a statement that each the person signing making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; providedPROVIDED, howeverHOWEVER, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Simonds Industries Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers' Certificate required by Section 4.03) 4.08, shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, --------- however, that, that with respect to matters of fact, fact an Opinion of Counsel may -------- rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Leslies Poolmart Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers’ Certificate of the Company required by Section 4.03) 4.08(a), shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Scientific Games Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture or any Collateral Documents (other than the a certificate required by provided pursuant to TIA Section 4.03314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or notwhether, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, provided that with respect to matters of fact, an Opinion of Counsel may rely on upon an Officers’ ' Certificate or certificates a certificate of a public officialsofficial.
Appears in 1 contract
Sources: Indenture (Panavision Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by pursuant to Section 4.034A.09 or Section 4B.09, as applicable) shall include substantiallyinclude:
(a) a statement that each person signing the individual making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Verso Paper Corp.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers’ Certificate of the Issuer required by Section 4.03) 4.08(a), shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he it has made such examination or investigation as is necessary to enable him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Revlon Inc /De/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by Section 4.03provided pursuant to TIA ss. 314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to regardless of whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or notregardless of whether, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, PROVIDED that with respect to matters of fact, an Opinion of Counsel may rely on upon an Officers’ ' Certificate or certificates a certificate of a public officialsofficial.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by provided pursuant to Section 4.034.06 or Trust Indenture Act Section 314(a)(4)) shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers' Certificate required by Section 4.03) 4.06, shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements -108- or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Dade International Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.034.3) shall include substantiallyinclude:
(a) a statement that each person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate or opinion is based;
(c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by pursuant to Section 4.034.19 hereof) shall include substantially:
include: (a) a statement that each person signing the individual making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
condition; (b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
; (c) a statement that, in the opinion of each such personindividual, he such person has made such examination or investigation as is necessary to enable him such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
and (d) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with; provided, however, PROVIDED that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance by or on behalf of the Company with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantiallyinclude:
(ai) a statement that each person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate or opinion is based;
(ciii) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Tyson Foods Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by Section 4.03provided pursuant to TIA ss. 314(a)(4)) shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read and understands such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, PROVIDED that with respect to matters of fact, an Opinion fact Opinions of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Vegeterian Times Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by provided pursuant to TIA Section 4.03314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Certificate officer’s certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Surgalign Holdings, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by pursuant to Section 4.03) 4A.09 or Section 4B.09, as applicable), shall include substantiallyinclude:
(a) a statement that each person signing the individual making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Verso Paper Holdings LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion opinion, including each Officers’ Certificate or Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantiallyinclude:
(a) a statement that each person signing the individual making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with; provided, however, that, with respect to matters of fact, . In giving an Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ Certificate or on certificates of public officials.
Appears in 1 contract
Sources: Indenture (Southwestern Energy Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture will include (other than the certificate required by Section 4.03) shall include substantially:set forth in Section 4.1(b)):
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein in the Indenture relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and;
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, and
(e) a statement that, with respect to matters in the opinion of factsuch Person, an Opinion of Counsel may rely on an such Officers’ Certificate or certificates Opinion of public officialsCounsel complies with the provisions of this Section 11.12 and that the Trustee may rely on such certificate or opinion.
Appears in 1 contract
Sources: Indenture (Gran Tierra Energy Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers’ Certificate required by Section 4.03) 4.06, shall include substantiallyinclude:
(a) a statement that each person Person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he has made such an examination or investigation as is reasonably necessary to enable him such Person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers’ Certificate required by Section 4.03) 4.06, shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) 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 him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Del Monte Foods Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this the Indenture must include (other than subject to customary language and exceptions in the certificate required by Section 4.03) shall include substantially:case of an Opinion of Counsel):
(a) a statement that each person signing such the certificate or opinion has read such the covenant or condition and the definitions herein relating theretorelated definitions;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such the certificate or opinion is based;
(c) a statement that, in the opinion of each such person, he that person has made such examination or investigation as is necessary to enable him the person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, provided that an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officialsofficials with respect to matters of fact.
Appears in 1 contract
Sources: Indenture (Century Aluminum Co)
Statements Required in Certificate or Opinion. Each certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantiallyinclude:
(a) a statement that each person signing making such certificate Officers' Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate Officers' Certificate or opinion is Opinion of Counsel are based;
(c) a statement that, in the opinion of each such person, he such person has made such examination or investigation as is necessary to enable him such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or notthat, in the opinion of each such person, such covenant or condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Ocwen Financial Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03provided pursuant to TIA [sec][sec]314(a)(4) shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Certificate officer's certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers' Certificate required by Section 4.03) 4.06, shall include substantially:include: 102
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates a certificate of an appropriate public officialsofficial.
Appears in 1 contract
Sources: Indenture (Terex Corp)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers' Certificate required by Section 4.03) 4.06, shall include substantiallyinclude, to the extent required by the Trust Indenture Act or requested by the Trustee:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith or satisfied; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been satisfied or complied with; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture or any Collateral Documents (other than the a certificate required by Section 4.03provided pursuant to TIA (S) 314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or notwhether, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, provided that with respect to matters of fact, an Opinion of Counsel may rely on --------- upon an Officers’ ' Certificate or certificates a certificate of a public officialsofficial.
Appears in 1 contract
Sources: Indenture (Airtran Holdings Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by Section 4.03provided pursuant to TIA (S) 314(a)(4)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;; 104
(c) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, provided that with respect to matters of fact, an Opinion of Counsel may rely on -------- upon an Officers’ ' Certificate or certificates a certificate of a public officialsofficial.
Appears in 1 contract
Sources: Indenture (Majestic Star Casino LLC)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant covenant, as the case may be, provided for in this Indenture (other than the a certificate required by Section 4.03provided pursuant to TIA ss. 314(a)(4)) shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates certificate of public officials.
Appears in 1 contract
Sources: Indenture (Ultimate Electronics Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by pursuant to Section 4.034.19) shall include substantiallyinclude:
(ai) a statement that each person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate or opinion is based;
(ciii) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate Officers' Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantiallyinclude:
(a) a statement that each person signing making such certificate Officers' Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate Officers' Certificate or opinion is Opinion of Counsel are based;
(c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or notthat, in the opinion of each such person, such covenant or condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ Officer's Certificate or on certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers' Certificate required by Section 4.03) 4.08, shall include substantiallyinclude:
(a1) a statement that each the person signing making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; providedPROVIDED, howeverHOWEVER, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by provided pursuant to Section 4.034.04 hereof or Trust Indenture Act Section 314(a)(4)) shall include substantiallycomply with the provisions of Trust Indenture Act Section 314(e) and shall include:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is basedare -based;
(c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officer’s Certificate as to matters of fact); and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03provided pursuant to TIA §314(a)(4) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Certificate officer’s certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (TTM Technologies Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the a certificate required by provided pursuant to Section 4.034.07 or Trust Indenture Act Section 314(a)(4)) shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied withwith (and, in the case of an Opinion of Counsel, may be limited to reliance on an Officers’ Certificate as to matters of fact); and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate Officers’ Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by pursuant to Section 4.034.02(b)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such covenant or condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Vivus Inc)
Statements Required in Certificate or Opinion. Each certificate Officer's Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by Section 4.03) shall include substantiallyinclude:
(a) a statement that each person signing making such certificate Officer's Certificate or opinion Opinion of Counsel has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate Officer's Certificate or opinion is Opinion of Counsel are based;
(c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him such person to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or notthat, in the opinion of each such person, such covenant or condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ Officer's Certificate or on certificates of public officials.
Appears in 1 contract
Sources: Indenture (Komag Inc /De/)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture Indenture, any Security Document and the Intercreditor Agreement (other than the certificate required by pursuant to Section 4.034.09) shall include substantiallyinclude:
(a) a statement that each person signing the individual making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (GeoEye License Corp.)
Statements Required in Certificate or Opinion. Each certificate Officer’s Certificate or opinion Opinion of Counsel with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by pursuant to Section 4.034.02(c)) shall include substantiallyinclude:
(a) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personPerson, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personPerson, such covenant or condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ Officer’s Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by pursuant to Section 4.034.19) shall include substantiallyinclude:
(ai) a statement that each person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(bii) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate or opinion is based;
(ciii) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(div) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 1 contract
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers' Certificate required by Section 4.03) 4.8, shall include substantiallyinclude:
(a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d4) a statement as to whether or not, in the opinion of each such personPerson, such condition or covenant has been complied with; provided, however, that, that with respect to matters of fact, fact an Opinion of Counsel may rely on an Officers’ ' Certificate or certificates of public officials.
Appears in 1 contract
Sources: Indenture (Quality Distribution Inc)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a covenant or condition or covenant provided for in this Indenture (other than the certificate required by an Officers’ Certificate delivered pursuant to and in accordance with Section 4.033.26) shall include substantiallyinclude:
(a) a statement that each person signing the individual making such certificate or opinion has read such covenant or condition and the definitions herein relating theretocondition;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
(c) a statement that, in the opinion of each such personindividual, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such personindividual, such covenant or condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an . In giving such Opinion of Counsel Counsel, counsel may rely as to factual matters on an Officers’ Certificate or on certificates of public officials.
Appears in 1 contract
Sources: Indenture (Callon Petroleum Co)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate required by Section 4.034.05) shall include substantiallyinclude:
(a) a statement that each person signing such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
(b) a brief statement as to the nature and scope of the examination or investigation upon which the statement or opinion contained in such certificate or opinion is based;
(c) a statement that, in the opinion of each such person, he has made such examination or investigation as is necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract
Sources: Subordinated Notes Indenture (Verisk Analytics, Inc.)
Statements Required in Certificate or Opinion. Each certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (Indenture, other than the certificate Officers' Certificate required by Section 4.03) 4.06, shall include substantially:
include: (a1) a statement that each person signing the Person making such certificate or opinion has read such covenant or condition and the definitions herein relating thereto;
; (b2) a brief statement as to the nature and scope of the examination or investigation upon which the statement statements or opinion opinions contained in such certificate or opinion is are based;
; (c3) a statement that, in the opinion of each such personPerson, he has made such examination or investigation as is reasonably necessary to enable him to express an informed opinion as to whether or not such covenant or condition has been complied with; and
(d) a statement as to whether or not, in the opinion of each such person, such condition or covenant has been complied with; provided, however, that, with respect to matters of fact, an Opinion of Counsel may rely on an Officers’ Certificate or certificates of public officials.
Appears in 1 contract