Common use of Certificate of the Borrower Clause in Contracts

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Lenders pursuant to Sections 6.3.1 and 6.3.2, a certificate of the Borrower signed by an Authorized Representative of the Borrower, in the form of Exhibit 6.3.3, to the effect that, except as described pursuant to Section 6.3.4, (i) the representations and warranties of the Borrower contained in Article V and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Default or Unmatured Default exists and is continuing on the date of such certificate (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 6.2.14 and determining the Applicable Margin and the Applicable Fee Rate.

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Lenders Banks pursuant to Sections 6.3.1 8.3.1 and 6.3.28.3.2, a certificate of the Borrower signed by an Authorized Representative the Chief Executive Officer, President or Chief Financial Officer of the Borrower, in the form of Exhibit 6.3.38.3.3, to the effect that, except as described pursuant to Section 6.3.48.3.4, (i) the representations and warranties of the Borrower Loan Parties contained in Article V and in the other Loan Documents 6 are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have Borrower has performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Unmatured Potential Default exists and is continuing on the date of such certificate certificate, and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such the financial statements with all financial covenants contained in Section 6.2.14 and determining the Applicable Margin 8.2 and the Applicable Fee Ratecovenant with respect to the Borrowing Base contained in Section 3.4.10, together with any supporting information which the Agent may from time to time request.

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Lenders Banks pursuant to Sections 6.3.1 8.3.1 and 6.3.28.3.3, a certificate of the Borrower Loan Parties signed by an Authorized Representative the Chief Executive Officer, President or Chief Financial Officer of the BorrowerBorrowers, in the form of Exhibit 6.3.38.3.4, to the effect that, except as described pursuant to Section 6.3.48.3.5, (i) the representations and warranties of the Borrower Borrowers contained in Article V Section 6 and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Unmatured Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 6.2.14 and determining the Applicable Margin and the Applicable Fee Rate8.2.

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Lenders Banks pursuant to Sections 6.3.1 7.3.1 and 6.3.27.3.2, a certificate of the Borrower signed by an Authorized Representative the Chief Executive Officer, President or Chief Financial Officer of the Borrower, in the form of Exhibit 6.3.37.3.3, to the effect that, except as described pursuant to Section 6.3.47.3.4, (i) the representations and warranties of the Borrower contained in Article V 5 and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have Borrower has performed and complied in all material respects with all covenants and conditions hereof, (ii) no Event of Default or Unmatured Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 6.2.14 and determining the Applicable Margin and the Applicable Fee Rate7.2.

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders pursuant to Sections 6.3.1 8.3.2 and 6.3.28.3.3, a certificate of the Borrower signed by an Authorized Representative the Chief Executive Officer, President or Chief Financial Officer of the Borrower, in the form of Exhibit 6.3.38.3.4, to the effect that, except as described pursuant to Section 6.3.48.3.6, (i) the representations and warranties of the Borrower contained in Article V Section 6 and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Unmatured Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 6.2.14 and determining the Applicable Margin and the Applicable Fee Rate8.2.

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Lenders Banks pursuant to Sections 6.3.1 8.3.2 and 6.3.28.3.3, a certificate of the Borrower signed by an Authorized Representative the Chief Executive Officer, President or Chief Financial Officer of the Borrower, in the form of Exhibit 6.3.38.3.4, to the effect that, except as described pursuant to Section 6.3.48.3.6, (i) the representations and warranties of the Borrower contained in Article V Section 6 and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Unmatured Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 6.2.14 and determining the Applicable Margin and the Applicable Fee Rate8.2.

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Lenders Banks pursuant to Sections 6.3.1 8.3.1 and 6.3.28.3.2, a certificate of the Borrower signed by an Authorized Representative Officer of the Borrower, in the form of Exhibit 6.3.38.3.3, to the effect that, except as described pursuant to Section 6.3.48.3.4, (i) the representations and warranties of the Borrower contained in Article V Section 6 and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Unmatured Potential Default exists and is continuing on the date of such certificate (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 6.2.14 8.2 and determining the Applicable Margin and the Applicable Facility Fee Rate.

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Lenders pursuant to Sections 6.3.1 7.3.1 and 6.3.27.3.2, a certificate of the Borrower signed by an Authorized Representative of the BorrowerOfficer, in the form of Exhibit 6.3.37.3.3, to the effect ------------- that, except as described pursuant to Section 6.3.47.3.4, (i) the representations and warranties of the Borrower contained in Article V 4 and in the other Loan Documents are true and correct in all material respects on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have Borrower has performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Unmatured Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 6.2.14 and determining the Applicable Margin and the Applicable Fee Rate7.2.

Certificate of the Borrower. Concurrently with the financial statements information of the Borrower Borrowers furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 6.3.1 8.3.1 [Quarterly and 6.3.2Annual Financial Information], a certificate of the Administrative Borrower signed by an Authorized Representative Officer of the Administrative Borrower, in the form of Exhibit 6.3.38.3.5, to the effect that, except as described pursuant to Section 6.3.4, that (i) the ------------- representations and warranties of the Borrower Borrowers contained in Article V Section 6 and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereofhereof in all material respects, (ii) no Event of Default or Unmatured Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 6.2.14 and determining the Applicable Margin and the Applicable Fee Rate.such

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Lenders Bank pursuant to Sections 6.3.1 8.3.1 and 6.3.28.3.2, a certificate of the Borrower signed by an Authorized Representative the Chief Executive Officer, President or Chief Financial Officer of the Borrower, in form acceptable to the form of Exhibit 6.3.3Bank, to the effect that, except as described pursuant to Section 6.3.48.3.4, (i) the representations and warranties of the Borrower contained in Article V 6 and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have Borrower has performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Unmatured Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 6.2.14 and determining the Applicable Margin and the Applicable Fee Rate8.2.

Certificate of the Borrower. Concurrently with the financial statements of the Borrower Borrower. furnished to the Agent and to the Lenders pursuant to Sections 6.3.1 7.3.1 and 6.3.27.3.3, a certificate of the Borrower signed by an Authorized Representative the Chief Executive Officer, President or Chief Financial Officer of the Borrower, in the form of Exhibit 6.3.37.3.3, to the effect that, except as described pursuant to Section 6.3.47.3.4, (i) the representations and warranties of the Borrower contained in Article V Section 5 and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have Borrower has performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Unmatured Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 6.2.14 and determining the Applicable Margin and the Applicable Fee Rate7.2.

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Lenders UBI pursuant to Sections 6.3.1 7.3.1 and 6.3.27.3.2, a certificate of the Borrower signed by an Authorized Representative the Chief Executive Officer , President or Chief Financial Officer of the Borrower, in the form of Exhibit 6.3.37.3.3, to the effect that, except as described pursuant to Section 6.3.47.3.4, (i) the representations and warranties of the Borrower contained in Article V Section 5 and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and and. warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have Borrower has performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Unmatured Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 6.2.14 7.2. In addition, the Borrower shall certify that it is in full compliance with all applicable provisions of the Sarbanes Oxley Act of 2002 and determining the Applicable Margin all rules and the Applicable Fee Rateregulations promulgated thereunder.

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Lenders NCB pursuant to Sections 6.3.1 7.3.1 and 6.3.27.3.2, a certificate of the Borrower signed by an Authorized Representative the Chief Executive Officer, President or Chief Financial Officer of the Borrower, in the form of Exhibit 6.3.37.3.3, to the effect that, except as described pursuant to Section 6.3.47.3.4, (i) the representations and warranties of the Borrower contained in Article V Section 5 and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have Borrower has performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Unmatured Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 6.2.14 and determining the Applicable Margin and the Applicable Fee Rate7.2.