Common use of Certificate of the Borrower Clause in Contracts

Certificate of the Borrower. Concurrently with the financial statements furnished to the Agent and to the Banks pursuant to Sections 8.3.1 and 8.3.3, a certificate of the Loan Parties signed by the Chief Executive Officer, President or Chief Financial Officer of the Borrowers, in the form of Exhibit 8.3.4, to the effect that, except as described pursuant to Section 8.3.5, (i) the representations and warranties of the Borrowers contained in 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 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 8.2.

Appears in 1 contract

Samples: Revolving Credit Agreement (Tb Woods Corp)

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Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Banks Bank pursuant to Sections 8.3.1 and 8.3.38.3.2, a certificate of the Loan Parties Borrower signed by the Chief Executive Officer, President or Chief Financial Officer of the BorrowersBorrower, in form acceptable to the form of Exhibit 8.3.4Bank, to the effect that, except as described pursuant to Section 8.3.58.3.4, (i) the representations and warranties of the Borrowers Borrower contained in Section Article 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 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 8.2.

Appears in 1 contract

Samples: Credit Agreement (Aquapenn Spring Water Company Inc)

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Banks pursuant to Sections 8.3.1 and 8.3.38.3.2, a certificate of the Loan Parties Borrower signed by the Chief Executive Officer, President or Chief Financial Officer of the BorrowersBorrower, in the form of Exhibit 8.3.48.3.3, to the effect that, except as described pursuant to Section 8.3.58.3.4, (i) the representations and warranties of the Borrowers Loan Parties contained in Section Article 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 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 8.28.2 and the covenant 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.

Appears in 1 contract

Samples: Credit Agreement (Suburban Lodges of America Inc)

Certificate of the Borrower. Concurrently with the financial statements of the Borrower. furnished to the Agent and to the Banks pursuant to Sections 8.3.1 7.3.1 and 8.3.37.3.3, a certificate of the Loan Parties Borrower signed by the Chief Executive Officer, President or Chief Financial Officer of the BorrowersBorrower, in the form of Exhibit 8.3.47.3.3, to the effect that, except as described pursuant to Section 8.3.57.3.4, (i) the representations and warranties of the Borrowers Borrower contained in Section 6 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 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 8.27.2.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Champion Industries Inc)

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Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Banks pursuant to Sections 8.3.1 and 8.3.38.3.2, a certificate of the Loan Parties Borrower signed by the Chief Executive Officer, President or Chief Financial an Authorized Officer of the BorrowersBorrower, in the form of Exhibit 8.3.48.3.3, to the effect that, except as described pursuant to Section 8.3.58.3.4, (i) the representations and warranties of the Borrowers Borrower contained in 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 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 8.28.2 and determining the Applicable Margin and the Applicable Facility Fee Rate.

Appears in 1 contract

Samples: Credit Agreement (Roundys Inc)

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Banks pursuant to Sections 8.3.1 7.3.1 and 8.3.37.3.2, a certificate of the Loan Parties Borrower signed by the Chief Executive an Authorized Officer, President or Chief Financial Officer of the Borrowers, in the form of Exhibit 8.3.47.3.3, to the effect ------------- that, except as described pursuant to Section 8.3.57.3.4, (i) the representations and warranties of the Borrowers Borrower contained in Section 6 Article 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 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 8.27.2.

Appears in 1 contract

Samples: Revolving Credit Agreement (Cable Tv Fund 14-a LTD)

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