Quarterly Certification. Within fourteen (14) calendar days following the end of each calendar quarter, the Grantor shall provide the Beneficiaries’ Agent (with a copy to the Trustee) a written certification (the “Quarterly Certification”) stating the Security Amount as of the calendar quarter end and the aggregate fair market value of the Eligible Investments, or Permitted Investments, as the case may be, held in the Trust Account as of the calendar quarter end (both on an asset-by-asset basis and a cumulative basis). Such certification shall separately state the Asset withdrawals by the Grantor from the Trust Account effected during such calendar quarter. As soon as is practicable, but in no event more than ten (10) Business Days following its receipt of the Quarterly Certification, the Beneficiaries’ Agent shall either (i) countersign such certification and forward it to the Trustee or (ii) notify the Grantor that it objects to the Grantor’s calculation of the Security Amount or the Grantor’s valuation of any Asset. If the Grantor and Beneficiaries’ Agent are able to resolve such dispute within ten (10) Business Days of the Beneficiaries’ Agent’s transmittal to the Grantor of its notice of objection, they shall promptly forward to the Trustee a jointly signed certification of the Security Amount or Asset valuation, as applicable. If the parties are unable to resolve such dispute within ten (10) Business Days of the Beneficiaries’ Agent’s transmittal to the Grantor of its notice of objection, and the dispute relates to the valuation of an Asset, the value of such Asset shall be determined by a Third Party Appraiser and the Grantor and Beneficiaries’ Agent shall be bound by such valuation. All other disputes shall be resolved in accordance with Section 11.1. Upon resolution of such dispute, the Parties shall forward to the Trustee a copy of the corrected Quarterly Certification setting forth the Security Amount or Asset value, as applicable, as resolved through such Third Party Appraiser or arbitration. The Grantor shall, to the extent reasonably necessary or required in order to verify Grantor’s certification, permit the Beneficiaries’ Agent to audit its records in order to determine its compliance with Section 5.2 and this Section 5.3. The Grantor shall cooperate fully with such audit. Access to the Grantor and its employees by the Beneficiaries’ Agent in connection with such audit shall be at reasonable times during regular business hours upon reasonable prior written notice (...
Quarterly Certification. During the Term, at the end of each Adobe Quarter, Reseller must submit a report certifying that its license orders are correct and are supported by actual ordering documentation from End Users or Other Authorized Resellers, as described in Clause 4.1 (Reseller Orders) (“Quarterly Certification”). The format of such Quarterly Certification will be prescribed by Adobe. At its sole discretion, Adobe may request, and Reseller must provide, copies of all such supporting documentation and the contact information of the person who is authorized to complete such certification.
Quarterly Certification. Position certification is the percentage of full-time of the position in the table of organization. Benefit certification is the percentage of full-time that the part-time employee has worked in the previous quarter. Employees are notified of their benefit certification at the beginning of each quarter. Employee would not have additional hours denied them to avoid application of this provision. If a part-time employee takes a position certified as full-time, benefits at the full-time rate become effective on the date that the employee assumes the full-time position. If a part-time employee takes another part-time position, the employee will receive benefit certification equal to the new position certification, plus the difference between the former position certification and the employee’s benefit certification. If a full-time employee takes a position certified as part-time, the employee’s benefit certification will not change for the rest of that quarter. In the next quarter, the employee’s benefit certification will be based on all hours worked in the previous quarter.
Quarterly Certification. Seller shall execute a quarterly certification substantially in the form of Exhibit A attached hereto.
Quarterly Certification. Balances in I-70 Revenue Account. On each March, 15, June 15, and September 15, commencing on March 15, 2021, the Borrower shall deliver to the Lender a quarterly certification in the form of Exhibit F attached hereto (the “I-70 MEXL Revenue Account Certificate”) and signed by the Director, certifying that amounts on deposit in the I-70 MEXL Revenue Account as of such date(i) equal or exceed the required percentage of annual debt service on the Note as provided in the I-70 MEXL Revenue Account Certificate , and (ii) that such required percentage will only be utilized for the payment of annual debt service on the Note.
Quarterly Certification. On each March 15, June 15, and September 15, commencing on March 15, 2021, the Borrower shall deliver to the Lender a quarterly certification in the form of Exhibit C attached hereto and signed by the 3c - First Amendment to Loan Agreement (I-25) (11) (002) 4341954 Director, certifying that revenues on deposit with the Borrower as of such fiscal quarter (i) equal or exceed the required percentage of annual debt service on the Note, and (ii) will only be utilized for the payment of annual debt service on the Note, each as set forth on Exhibit C attached hereto.
Quarterly Certification. On each October 1, January 1, and April 1, commencing on April 1, 2021, the Borrower shall deliver to the Lender a quarterly certification in the form of Exhibit F attached hereto and signed by the Director, certifying that revenues on deposit with the Borrower as of such fiscal quarter (i) equal or exceed the required percentage of annual debt service on the Note, and (ii) will only be utilized for the payment of annual debt service on the Note, each as set forth on Exhibit F attached hereto.
Quarterly Certification. Twenty-five percent of a year’s credit against the payment of each PM due on the Payment Due Date in each year may be recognized at the end of each quarter of the prior year — that is, on March 31, June 30, September 30, and December 31 (the “quarterly date”) — subject to the following condition: Each PM will separately recognize its credits only if the respective PM certifies to the Independent Auditor, on or before each quarterly date, that New York’s share of that PM’s MSA payment that will be due on the Payment Due Date immediately following that year based on that PM’s shipments of Cigarettes during that quarter as reported to Management Science Associates, Inc. (for purposes of this paragraph, “New York’s share”) equals or exceeds the amount of the credit to be recognized by that PM on that quarterly date. If a PM does not so certify, then in that quarter it will recognize its credit only for the amount that such PM does certify that New York’s share will be; if, due to this paragraph, the twenty-five percent of a year’s credit is not recognized in full by a PM on a quarterly date, then the unrecognized amount of that credit will be recognized in a subsequent quarter (or quarters) of that year for the amount that the PM certifies in that subsequent quarter that New York’s share is sufficient. A PM may elect to opt out of the certification process described above for a stated period of time by notice to New York. If a PM does opt out of that process, nothing in this subsection B shall require it to account or prohibit it from accounting for the credits in a particular manner or to recognize or prohibit it from recognizing them at a particular time.
Quarterly Certification. (a) During the Term, Unified, upon the request of Blue River, shall deliver to Blue River, by January 15th, April 15th, July 15th and October 15th of each year, a certificate, substantially in the form attached hereto as Appendix A, of its chief financial officer (the "Certificate") certifying compliance by Unified with the terms of this Agreement during the preceding quarter.
Quarterly Certification. Quarterly, Borrowers shall furnish Agent with a Certificate from an authorized financial officer of each Borrower that no Borrower is in default of any covenant or obligation under this Agreement or under any other loan to which Borrowers, or either of them, are a party, or in the event a default does exist, Borrowers shall furnish such information as is required under Section 6.3 of this Agreement.
