Common use of Certificate of compliance with clause 11 Clause in Contracts

Certificate of compliance with clause 11. 1.9 at the same time as the Lessee delivers to the Lessor, pursuant to clause 11.1.4, a copy of the Annual Financial Statements or Quarterly Financial Statements (as the case may be) the Lessee shall provide a statement signed by the Chief Financial Officer or another senior officer of the Lessee (in substantially the form set out in Schedule 6) confirming: (a) the respective amounts of: (i) the Cash Balances and Minimum Free Available Cash; (ii) Current Assets, Current Liabilities and the current portion of long-term debt; (iii) Annualised EBITDA and Interest Expense; and (iv) Net Debt, in respect of or, as the case may be, as at the end of the financial period expiring on the date as at and for which the relevant financial statements were prepared (or, in the case of Annualised EBITDA, calculated by reference to the three (3) month period expiring on such date) (or, in the case of Interest Expense, for the twelve (12) month period expiring on such date) and that such amounts were calculated in accordance with this Lease and Relevant GAAP; (b) that such Annual Financial Statements or Quarterly Financial Statements were prepared in accordance with Relevant GAAP or, if not so prepared, setting forth full details of the adjustments required to be made to such statements to reflect Relevant GAAP as necessary to calculate the amounts referred to in clause 11.1.9; (c) that as at the date to which the relevant financial statements are made up, the Lessee was in compliance with the covenants and undertakings set out in clause 11.1.9 (or, if it was not in such compliance, indicating the extent of the breach and the steps intended to be taken to remedy the same); and (d) that, as at the date not more than seven (7) days prior to the delivery of the certificate, no Relevant Event has occurred and is continuing (or, if such is not the case, specifying the same).