Common use of Accountants' Certificate Clause in Contracts

Accountants' Certificate. Simultaneously with the delivery of the certified Basic Financial Statements required by subsection 6.3.2, copies of a certificate of the Accountants stating that (i) they have checked the computations delivered by Borrower in compliance with subsection 6.3.2, and (ii) in making the examination necessary for their audit or review of the Basic Financial Statements for such year, nothing came to their attention of a financial or accounting nature that caused them to believe that (A) Borrower was not in compliance with the terms, covenants, provisions or conditions of any of the Loan Instruments, or (B) there shall have occurred any condition or event which would constitute an Event of Default, or, if so, specifying in such certificate all such instances of non-compliance and the nature and status thereof.

Appears in 4 contracts

Samples: Loan Agreement (Aquis Communications Group Inc), Loan Agreement (Ich Corp /De/), Loan Agreement (Finova Capital Corp)

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Accountants' Certificate. Simultaneously with the delivery of the certified Basic Financial Statements required by subsection 6.3.26.3.3, copies of a certificate of the Accountants stating that (i) they have checked the computations delivered by Borrower Borrowers in compliance with subsection 6.3.26.3.3, and (ii) in making the examination necessary for their audit or review of the Basic Financial Statements of Borrowers for such year, nothing came to their attention of a financial or accounting nature that caused them to believe that (A) Borrower was Borrowers were not in compliance with the terms, covenants, provisions or conditions of any of the Loan Instruments, or (B) there shall have occurred any condition or event which would constitute an Event of Default, or, if so, specifying in such certificate all such instances of non-compliance and the nature and status thereof.

Appears in 3 contracts

Samples: Loan Agreement (Security Associates International Inc), Loan Agreement (Security Associates International Inc), Loan Agreement (Security Associates International Inc)

Accountants' Certificate. Simultaneously with the delivery of the certified Basic Financial Statements financial statements required by subsection 6.3.2Section 12.1, copies of a certificate of the Accountants accountants who audited such statements stating that (ia) they have checked the computations delivered by Borrower in compliance with subsection 6.3.2Section 12.1, and (iib) in making the examination necessary for their audit or review of the Basic Financial Statements such financial statements for such year, nothing came to their attention of a financial or accounting nature that caused them to believe that (Ai) Borrower was the Obligors were not in compliance with the terms, covenants, provisions or conditions of any of the Loan InstrumentsDocuments, or (Bii) there shall have occurred any condition or event which would constitute an Event of Default, or, if so, specifying in such certificate all such instances of non-compliance and the nature and status thereof. Such certificate shall not include any “going-concern” opinion of the accountants.

Appears in 2 contracts

Samples: Loan and Security Agreement (Access to Money, Inc.), Loan and Security Agreement (Access to Money, Inc.)

Accountants' Certificate. Simultaneously with the delivery of the certified Basic Financial Statements required by subsection 6.3.26.3.3, copies of a certificate of the Accountants stating that (i) they have checked the computations delivered by Borrower in compliance with subsection 6.3.26.3.3, and (ii) in making the examination necessary for their audit or review of the Basic Financial Statements for such year, nothing came to their attention of a financial or accounting nature that caused them to believe that (A) Borrower was not in compliance with the terms, covenants, provisions or conditions of any of the Loan Instruments, or (B) there shall have occurred any condition or event which would constitute an Event of Default, or, if so, specifying in such certificate all such instances of non-compliance and the nature and status thereof.

Appears in 2 contracts

Samples: Loan Agreement (Paging Partners Corp), Loan Agreement (Aquis Communications Group Inc)

Accountants' Certificate. Simultaneously with the delivery of the ------------------------ certified Basic Financial Statements required by subsection 6.3.26.3.3, copies of a certificate of the Accountants stating that (i) they have checked the computations delivered by Borrower in compliance with subsection 6.3.26.3.3, and (ii) in making the examination necessary for their audit or review of the Basic Financial Statements for such yearFiscal Year, nothing came to their attention of a financial or accounting nature that caused them to believe that (A) applicable Borrower was not in compliance with the terms, covenants, provisions or conditions of any of the Loan Instruments, or (B) there shall have occurred any condition or event which would constitute an Event of Default, or, if so, specifying in such certificate all such instances of non-compliance and the nature and status thereof.

Appears in 1 contract

Samples: Loan Agreement (Infocure Corp)

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Accountants' Certificate. Simultaneously with the delivery of the certified Basic Financial Statements required by subsection 6.3.26.3.3, copies of a certificate of the Accountants stating that (i) they have checked the computations delivered by Borrower Borrowers in compliance with subsection 6.3.26.3.3, and (ii) in making the examination necessary for their audit or review of the Basic Financial Statements of Borrowers for such year, year nothing came to their attention of a financial or accounting nature that caused them to believe that (A) either Borrower was not in compliance with the terms, covenants, provisions or conditions of any of the Loan Instruments, Instruments or (B) there shall have occurred any condition or event which would constitute an Event of Default, or, if so, specifying in such certificate all such instances of non-compliance and the nature and status thereof.

Appears in 1 contract

Samples: Loan Agreement (Citadel License Inc)

Accountants' Certificate. Simultaneously with the delivery of the certified Basic Financial Statements required by subsection 6.3.26.3.3, copies of a certificate of the Accountants stating that (i) they have checked the computations delivered by Borrower in compliance with subsection 6.3.26.3.3, and (ii) in making the examination necessary for their audit or review of the Basic Financial Statements of Borrower for such year, nothing came to their attention of a financial or accounting nature that caused them to believe that (A) Borrower was not in compliance with the terms, covenants, provisions or conditions of any of the Loan Instruments, or (B) there shall have occurred any condition or event which would constitute an Event of Default, or, if so, specifying in such certificate all such instances of non-compliance and the nature and status thereof.

Appears in 1 contract

Samples: Loan Agreement (Scott Cable Communications Inc)

Accountants' Certificate. Simultaneously with the delivery of the certified Basic Financial Statements statements required by subsection 6.3.26.3.3, copies of a certificate of the Accountants stating that (i) they have checked the computations delivered by Borrower Guarantor in compliance with subsection 6.3.26.3.3, and (ii) in making the examination necessary for their audit or review of the Basic Financial Statements for such year, nothing came to their attention of a financial or accounting nature that caused them to believe that (A) Borrower Guarantor was not in compliance with the terms, covenants, provisions or conditions of any of the Loan Instruments, or (B) there shall have occurred any condition or event which would constitute an Event of Default, or, if so, specifying in such certificate all such instances of non-non compliance and the nature and status thereof.

Appears in 1 contract

Samples: Loan Agreement (Us 1 Industries Inc)

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