Common use of Borrower’s Certificate Clause in Contracts

Borrower’s Certificate. The certificate of the President or Chief Executive Officer of Borrower certifying to the fulfillment of all conditions precedent to closing and funding the secured financing transaction contemplated by this Agreement and to the truth and accuracy, as of such date, of the representations and warranties of Borrower and each Subsidiary party to a Related Agreement contained in this Agreement and each other Related Agreement to which Borrower or such Subsidiary is a party or by which it is bound;

Appears in 4 contracts

Samples: Loan and Security Agreement (Elxsi Corp /De//), Loan and Security Agreement (Elxsi Corp /De//), Loan and Security Agreement (Elxsi Corp /De//)

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Borrower’s Certificate. The certificate of the President or Chief Executive Officer Chairman of the Board of Borrower certifying to the fulfillment of all conditions precedent (other than any waived by Lender) to closing and funding the secured financing transaction contemplated by this Agreement and to the truth and accuracy, as of such date, of the representations and warranties of Borrower and each Subsidiary party to a Related Agreement Obligor contained in this Agreement, each Mortgage, the Trademark Security Agreement and each other Related Agreement to which Borrower or such Subsidiary is a party or by which it is boundparty;

Appears in 2 contracts

Samples: Loan and Security Agreement (Elxsi Corp /De//), Loan and Security Agreement (Elxsi Corp /De//)

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Borrower’s Certificate. The certificate of the chief executive officer/President or Chief Executive Officer of each Borrower certifying certifying, to the best of his/her knowledge after diligent inquiry, to the fulfillment of all conditions precedent to closing and funding the secured financing transaction contemplated by this Agreement and to the truth and accuracy, as of such date, of the representations and warranties of such Borrower and each Subsidiary party to a Related Agreement contained in this Agreement and each other Related Agreement the Loan Documents to which such Borrower or such Subsidiary is a party or by which it is boundparty;

Appears in 1 contract

Samples: Credit and Security Agreement (Simon Transportation Services Inc)

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