Common use of Certificate of the Borrower Clause in Contracts

Certificate of the Borrower. On the date that the financial statements of the Borrower furnished to the Agents, the CEI Agents and to the Lenders pursuant to Section 8.3.1 [Quarterly Financial Statements] and Section 8.3.2 [Annual Financial Statements] are required to be furnished, a certificate (each a “Compliance Certificate”) of the Borrower signed by the Chief Financial Officer or Treasurer of the Borrower, in the form of Exhibit 8.3.4, to the effect that, except as described pursuant to Section 8.3.5 [Notice of Default], (i) no Event of Default or Potential Default exists and is continuing on the date of such certificate, (ii) containing calculations in reasonable detail to demonstrate compliance as of the date of such financial statements with the Financial Covenants (iii) in the case of a Compliance Certificate delivered with respect to any fiscal year, identifying and setting forth the assets and Consolidated Net Income attributable to each Immaterial Subsidiary and (iv) describing the commodity Swap Agreements in place to which any Loan Party is a party and confirming that all such Swap Agreements are Swap Agreements that the Loan Parties are permitted to enter under Section 8.2.12 [Swaps].

Certificate of the Borrower. On the date that the financial statements of the Borrower furnished to the Agents, the CEI Administrative Agents and to the Lenders pursuant to Section 8.3.1 [Quarterly Financial Statements] and Section 8.3.2 [Annual Financial Statements] are required to be furnished, a certificate (each a “Compliance Certificate”) of the Borrower signed by the Chief Financial Officer or Treasurer of the Borrower, in the form of Exhibit 8.3.4, to the effect that, except as described pursuant to Section 8.3.5 [Notice of Default], (i) no Event of Default or Potential Default exists and is continuing on the date of such certificate, (ii) containing calculations in reasonable detail to demonstrate compliance as of the date of such financial statements with the Financial Covenants Covenants, (iii) setting forth a calculation in reasonable detail of the Cumulative Credit as of the end of the applicable fiscal quarter, (iv) in the case of a Compliance Certificate delivered with respect to any fiscal year, a calculation in reasonable detail of Excess Cash Flow (commencing with the fiscal year ending December 31, 2018) and identifying each Immaterial Subsidiary and setting forth the assets and Consolidated Net Income attributable to each Immaterial Subsidiary and (ivv) describing the commodity Swap Agreements in place to which any Loan Party is a party and confirming that all such Swap Agreements are Swap Agreements that the Loan Parties are permitted to enter under Section 8.2.12 [Swaps].