Common use of Certificate of No Default and Financial Compliance Clause in Contracts

Certificate of No Default and Financial Compliance. Within forty five (45) days after the end of each of the first three quarters of each Fiscal Year and within ninety (90) days after the end of each Fiscal Year, a certificate of TRG’s chief financial officer or other authorized signatory reasonably acceptable to the Administrative Agent (a) stating that, to the best of his or her knowledge, no Default or Event of Default has occurred and is continuing, or if a Default or Event of Default has occurred and is continuing, specifying the nature thereof and the action which is proposed to be taken with respect thereto, (b) stating that the covenants contained in Sections 7.02, 7.03 and 7.04 and in Article VIII have been complied with (or specifying those that have not been complied with) and including computations demonstrating such compliance (or non-compliance) and (c) setting forth the details of all items comprising Total Outstanding Indebtedness (including amount, maturity, interest rate and amortization requirements), each as of the end of such quarter, Combined EBITDA, Interest Expense, Fixed Charges and Property EBITDA (broken down by Property), each for the twelve (12)-month period ending with such quarter;

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Taubman Centers Inc), Assignment and Assumption Agreement (Taubman Centers Inc)

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Certificate of No Default and Financial Compliance. Within forty five (45) days after the end of each of the first three quarters of each Fiscal Year and within ninety (90) days after the end of each Fiscal Year, a certificate of TRG’s Borrower's chief financial officer or other authorized signatory reasonably acceptable to the Administrative Agent Treasurer (a) stating that, to the best of his or her knowledge, no Default or Event of Default has occurred and is continuing, or if a Default or Event of Default has occurred and is continuing, specifying the nature thereof and the action which is proposed to be taken with respect thereto, ; (b) stating that the covenants contained in Sections 7.02, 7.03 and 7.04 and in Article VIII have been complied with (or specifying those that have not been complied with) and including computations demonstrating such compliance (or non-compliance) ); and (c) setting forth the details of all items comprising Total Outstanding Indebtedness (including amount, maturity, interest rate and amortization requirements), each as of the end of such quarter, Unencumbered Combined EBITDA, Unsecured Interest Expense, Fixed Charges Expense and Property EBITDA (broken down by Property), each for the twelve (12)-month period ending with such quarterUnsecured Indebtedness;

Appears in 2 contracts

Samples: Loan Agreement (Taubman Centers Inc), Loan Agreement (Taubman Realty Group LTD Partnership)

Certificate of No Default and Financial Compliance. Within forty five (45) days after the end of each of the first three quarters of each Fiscal Year and within ninety (90) days after the end of each Fiscal Year, a certificate of TRGBorrower’s chief financial officer or other authorized signatory reasonably acceptable to the Administrative Agent (a) stating that, to the best of his or her knowledge, no Default or Event of Default has occurred and is continuing, or if a Default or Event of Default has occurred and is continuing, specifying the nature thereof and the action which is proposed to be taken with respect thereto, (b) stating that the covenants contained in Sections 7.02, 7.03 and 7.04 and in Article VIII have been complied with (or specifying those that have not been complied with) and including computations demonstrating such compliance (or non-compliance) and (c) setting forth the details of all items comprising Total Outstanding Indebtedness (including amount, maturity, interest rate and amortization requirements), each as of the end of such quarter, and Combined EBITDA, Interest Expense, Expense and Fixed Charges and Property EBITDA (broken down by Property)Charges, each for the twelve (12)-month period ending with such quarter;

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Taubman Centers Inc)

Certificate of No Default and Financial Compliance. Within forty ninety (90) days after the end of each Fiscal Year and within forty-five (45) days after the end of each of the first three quarters of each Fiscal Year first, second, and within ninety (90) days after the end of each Fiscal Yearthird calendar quarters, a certificate of TRGXxxxxxxx’s chief financial officer or other authorized signatory reasonably acceptable to the Administrative Agent treasurer (a) stating that, to the best of his or her knowledge, no Default or Event of Default has occurred and is continuing, or if a Default or Event of Default has occurred and is continuing, specifying the nature thereof and the action which is proposed to be taken with respect thereto, ; (b) stating that the covenants contained in Sections 7.02, 7.03 and 7.04 and in Article VIII have been complied with (or specifying those that have not been complied with) and including computations demonstrating such compliance (or non-compliance) ); and (c) setting forth the details of all items comprising Capitalization Value, Unencumbered Asset Value, Total Outstanding Indebtedness, Secured Indebtedness, Interest Expense and Unsecured Indebtedness (including amount, maturity, interest rate and amortization requirementsrequirements with respect to all Indebtedness), each as of the end of such quarter, Combined EBITDA, Interest Expense, Fixed Charges and Property EBITDA (broken down by Property), each for the twelve (12)-month period ending with such quarter;

Appears in 1 contract

Samples: Term Loan Agreement (Avalonbay Communities Inc)

Certificate of No Default and Financial Compliance. Within forty ninety (90) days after the end of each Fiscal Year and within forty-five (45) days after the end of each of the first three quarters of each Fiscal Year first, second, and within ninety (90) days after the end of each Fiscal Yearthird calendar quarters, a certificate of TRGBxxxxxxx’s chief financial officer or other authorized signatory reasonably acceptable to the Administrative Agent treasurer (a) stating that, to the best of his or her knowledge, no Default or Event of Default has occurred and is continuing, or if a Default or Event of Default has occurred and is continuing, specifying the nature thereof and the action which is proposed to be taken with respect thereto, ; (b) stating that the covenants contained in Sections 7.02, 7.03 and 7.04 and in Article VIII have been complied with (or specifying those that have not been complied with) and including computations demonstrating such compliance (or non-compliance) ); and (c) setting forth the details of all items comprising Capitalization Value, Unencumbered Asset Value, Total Outstanding Indebtedness, Secured Indebtedness, Interest Expense and Unsecured Indebtedness (including amount, maturity, interest rate and amortization requirementsrequirements with respect to all Indebtedness), each as of the end of such quarter, Combined EBITDA, Interest Expense, Fixed Charges and Property EBITDA (broken down by Property), each for the twelve (12)-month period ending with such quarter;

Appears in 1 contract

Samples: Revolving Loan Agreement (Avalonbay Communities Inc)

Certificate of No Default and Financial Compliance. Within forty five fifty (4550) days after the end of each of the first three quarters of each Fiscal Year and within ninety ninety-five (9095) days after the end of each Fiscal Year, a certificate of TRG’s the chief financial officer or other authorized signatory reasonably acceptable to the Administrative Agent treasurer of Guarantor (a) stating that, to the best of his or her knowledge, no Default or Event of Default has occurred and is continuing, or if a Default or Event of Default has occurred and is continuing, specifying the nature thereof and the action which is proposed to be taken with respect thereto, ; (b) stating that the covenants contained in Sections 7.02, 7.03 and 7.04 and in Article VIII have been complied with (or specifying those that have not been complied with) and including computations demonstrating such compliance (or non-compliance) and noncompliance); (c) setting forth the details by property of all items comprising Capitalization Value, Total Outstanding Indebtedness (including amount, maturity, interest rate and amortization requirements), each as of Combined EBITDA and Interest Expense; and (d) only at the end of such quarter, Combined EBITDA, Interest Expense, Fixed Charges and Property EBITDA (broken down by Property), each for the twelve (12)-month period ending with such quarterFiscal Year stating Borrower's taxable income;

Appears in 1 contract

Samples: Revolving Credit Agreement (First Washington Realty Trust Inc)

Certificate of No Default and Financial Compliance. Within forty five (45) days after the end of each of the first three quarters of each Fiscal Year and within ninety (90) days after the end of each Fiscal Year, a certificate of TRG’s Borrower's chief financial officer or other authorized signatory reasonably acceptable to the Administrative Agent Treasurer (a) stating that, to the best of his or her knowledge, no Default or Event of Default has occurred and is continuing, or if a Default or Event of Default has occurred and is continuing, specifying the nature thereof and the action which is proposed to be taken with respect thereto, (b) stating that the covenants contained in Sections 7.02, 7.03 and 7.04 and in Article VIII have been complied with (or specifying those that have not been complied with) and including computations demonstrating such compliance (or non-compliance) and (c) setting forth the details of all items comprising Total Outstanding Indebtedness (including amount, maturity, interest rate and amortization requirements)) and Unsecured Indebtedness, each as of the end of such quarter, and Combined EBITDA, Interest Expense, Expense and Fixed Charges and Property EBITDA (broken down by Property)Charges, each for the twelve (12)-month period ending with such quarter;

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Taubman Centers Inc)

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Certificate of No Default and Financial Compliance. Within forty five (45) days after Beginning with the end of each of the first three quarters of each Fiscal Year and calendar quarter ending March 31, 2014, within ninety (90) days after the end of each Fiscal YearYear and within forty-five (45) days after the end of each calendar quarter, a certificate of TRGBorrower’s chief financial officer officer, treasurer or other authorized signatory reasonably acceptable to the Administrative Agent assistant treasurer (a) stating that, to the best of his or her knowledge, no Default or Event of Default has occurred and is continuing, or if a Default or Event of Default has occurred and is continuing, specifying the nature thereof and the action which is proposed to be taken with respect thereto, ; (b) stating that the covenants contained in Sections 7.02, 7.03 and 7.04 and in Article VIII have been complied with (or specifying those that have not been complied with) and including computations demonstrating such compliance (or non-compliance) ); and (c) setting forth the details of all items comprising Capitalization Value, Unencumbered Asset Value, Total Outstanding Indebtedness, Secured Indebtedness, Interest Expense and Unsecured Indebtedness (including amount, maturity, interest rate and amortization requirementsrequirements with respect to all Indebtedness), each as of the end of such quarter, Combined EBITDA, Interest Expense, Fixed Charges and Property EBITDA (broken down by Property), each for the twelve (12)-month period ending with such quarter;

Appears in 1 contract

Samples: Term Loan Agreement (Avalonbay Communities Inc)

Certificate of No Default and Financial Compliance. Within --------------------------------------------------- forty five (45) days after the end of each of the first three quarters of each Fiscal Year and within ninety (90) days after the end of each Fiscal Year, a certificate of TRG’s Borrower's chief financial officer or other authorized signatory reasonably acceptable to the Administrative Agent Treasurer (a) stating that, to the best of his or her knowledge, no Default or Event of Default has occurred and is continuing, or if a Default or Event of Default has occurred and is continuing, specifying the nature thereof and the action which is proposed to be taken with respect thereto, (b) stating that the covenants contained in Sections 7.02, 7.03 and 7.04 and in Article VIII have been complied with (or specifying those that have not been complied with) and including computations demonstrating such compliance (or non-compliance) and (c) setting forth the details of all items comprising Total Outstanding Indebtedness (including amount, maturity, interest rate and amortization requirements)) and Unsecured Indebtedness, each as of the end of such quarter, and Combined EBITDA, Interest Expense, Expense and Fixed Charges and Property EBITDA (broken down by Property)Charges, each for the twelve (12)-month period ending with such quarter;

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Taubman Centers Inc)

Certificate of No Default and Financial Compliance. Within forty five (45) days after the end of each of the first three quarters of each Fiscal Year and within ninety (90) days after the end of each Fiscal Year, a certificate of TRG’s Borrower's chief financial officer or other authorized signatory reasonably acceptable to the Administrative Agent Treasurer (a) stating that, to the best of his or her knowledge, no Default or Event of Default has occurred and is continuing, or if a Default or Event of Default has occurred and is continuing, specifying the nature thereof and the action which is proposed to be taken with respect thereto, (b) stating that the covenants contained in 37 Sections 7.02, 7.03 7.03, 7.04 and 7.04 7.06 and in Article VIII have been complied with (or specifying those that have not been complied with) and including computations demonstrating such compliance (or non-compliance) and (c) setting forth the details of all items comprising Total Outstanding Indebtedness (including amount, maturity, interest rate and amortization requirements), and Unsecured Indebtedness, each as of the end of such quarter, and Combined EBITDA, Unencumbered Combined EBITDA, Interest Expense, Unsecured Interest Expense and Fixed Charges and Property EBITDA (broken down by Property)Charges, each for the twelve (12)-month period ending with such quarter;

Appears in 1 contract

Samples: Revolving Credit Agreement (Taubman Realty Group LTD Partnership)

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