Common use of Borrower Incumbency Certificate Clause in Contracts

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 12 contracts

Samples: 364 Day Credit Agreement (L 3 Communications Corp), Credit Agreement (L 3 Communications Corp), Credit Agreement (L 3 Communications Corp)

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Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 8 contracts

Samples: Credit Agreement (Swisher International Group Inc), Credit Agreement (Recoton Corp), Credit Agreement (Affiliated Managers Group Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 7 contracts

Samples: Credit Agreement (Paxson Communications Corp), Credit Agreement (Paxson Communications Corp), Paxson Pledge Agreement (Paxson Communications Corp)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate certificate of the each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the such Borrower executing any Credit Loan Document reasonably and any Interest Rate Hedge Agreement satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the such Borrower.

Appears in 3 contracts

Samples: Credit Agreement (Swisher International Group Inc), Credit Agreement (Swisher International Group Inc), Credit Agreement (Baldwin Technology Co Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 3 contracts

Samples: Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc), Credit Agreement (Armor Holdings Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 3 contracts

Samples: Credit Agreement (Nbty Inc), Credit Agreement (Affiliated Managers Group Inc), Credit Agreement (Envirosource Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with received a counterpart for each Lender, a Certificate certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 3 contracts

Samples: Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Document or Acquisition Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 2 contracts

Samples: Parent Guarantee Agreement (L 3 Communications Corp), Credit Agreement (L 3 Communications Corp)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart copy for each Lender, a Certificate certificate of the Borrower, dated the Closing Effective Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Kmart Corp), Credit Agreement (Kmart Corp)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with received a counterpart for each Lender, a Certificate certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Document reasonably Loan Document, satisfactory in form and substance to the Administrative Agent, executed by the President Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, President, Treasurer or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Moray Pipeline Co LLC), Credit Agreement (El Paso Energy Partners Lp)

Borrower Incumbency Certificate. The Administrative Agent shall ------------------------------- have received, with a counterpart copy for each Lender, a Certificate of the Borrower, dated the Closing Effective Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Conectiv Inc), Conectiv Inc

Borrower Incumbency Certificate. The Administrative Agent shall have received, with received a counterpart for certificate of each Lender, a Certificate of the Borrower, each dated as of the Closing Date, as to the incumbency and signature of the officers of the such Borrower executing any Credit Document reasonably satisfactory Loan Document, in form and substance reasonably satisfactory to the Administrative Agent, executed by the President Chief Executive Officer or any Vice the President and the Secretary or any Assistant Secretary of the such Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Fibernet Telecom Group Inc\), Credit Agreement (Fibernet Telecom Group Inc\)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate certificate of the Borrower, dated the Amended and Restated Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Amended and Restated Document or Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Armor Holdings Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate certificate of the Borrower, dated the Closing Effective Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Nbty Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart copy for each Lender, a Certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Westwood One Inc /De/)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Document reasonably satisfactory Loan Document, which certificate shall be substantially in the form and substance to the Administrative Agentof Exhibit M-1, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Unidigital Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for and each LenderLender shall have received substantially concurrently therewith, a copy of the Certificate of the Borrower, dated the Closing such Borrowing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document to be executed and delivered in connection with the relevant Permitted Acquisition, reasonably satisfactory in form and substance to the Administrative Agent, and executed by the President or any Vice President a Responsible Officer and the Secretary or any an Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Landstar System Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with received a counterpart for each Lender, a Certificate certificate of the Borrower, dated as of the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Document reasonably satisfactory Loan Document, in form and substance reasonably satisfactory to the Administrative Agent, executed by the President Chief Executive Officer or any Vice the President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Fibernet Telecom Group Inc\)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart copy for each Lender, a Certificate certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.;

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Twinlab Corp)

Borrower Incumbency Certificate. The Administrative Agent shall ------------------------------- have received, with received a counterpart for each Lender, a Certificate certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory or any Supply Contract, in form and substance reasonably satisfactory to the Administrative AgentLead Agents, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Global Crossing Holdings LTD)

Borrower Incumbency Certificate. The Administrative Agent shall have received, concurrently with or immediately following the effectiveness of the Assumption, with a counterpart for each Lender, a Certificate certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Security Capital Corp/De/)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Document Loan Document, reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary a Responsible Officer of the Borrower.

Appears in 1 contract

Samples: United States Marine Repair Inc

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Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate of the Borrower, dated as of the Closing Datedate of this Agreement, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Phelps Dodge Corp)

Borrower Incumbency Certificate. The Administrative Agent shall ------------------------------- have received, with a counterpart for each Lender, a Certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (LFC Armored of Texas Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart copy for each Lender, a Certificate certificate of the Borrower, dated the Closing Effective Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President President, the Chief Executive Officer or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Service Merchandise Co Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate certificate of the each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the such Borrower executing any Credit Loan Document reasonably and any Hedging Agreement satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Baldwin Technology Co Inc)

Borrower Incumbency Certificate. The Administrative Agent ------------------------------- shall have received, with received a counterpart for each Lender, a Certificate certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory or System Contract, in form and substance reasonably satisfactory to the Administrative AgentLead Agents, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Global Crossing LTD)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Document reasonably Loan Document, satisfactory in form and substance to the Administrative Agent, executed by the President Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, President, Treasurer or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Leviathan Gas Pipeline Partners L P)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart copy for each Lender, a Certificate certificate of the Borrower, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President President, the Chief Executive Officer or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Service Merchandise Co Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate of the BorrowerBorrowing Certificate, dated the Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Recoton Corp)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate certificate of the Borrower, dated the such Acquisition Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably being executed and delivered in connection with the Acquisition Loans requested in connection with such Permitted Acquisition, satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Unidigital Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate of the Borrower, dated the Closing Restatement Effective Date, as to the incumbency and signature of the officers officer of the Borrower executing any Credit Document reasonably this Agreement satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Core Mark International Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart copy for each Lender, a Certificate certificate of the Borrower, dated the Closing Effective Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Service Merchandise Co Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with received a counterpart for each Lender, a Certificate certificate of the Borrower, dated the Restatement Closing Date, as to the incumbency and signature of the officers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Landstar System Inc)

Borrower Incumbency Certificate. The Administrative Agent shall have received, with a counterpart for each Lender, a Certificate of the Management Committee of the Borrower, dated the Closing Date, as to the incumbency and 34 30 signature of the officers members or managers of the Borrower executing any Credit Loan Document reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Deeptech International Inc)

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