Certificate of the Borrowers. Concurrently with the financial statements of the Borrowers furnished to the Agent and to the Banks pursuant to Sections 8.3.1 and 8.3.2, a certificate of the Borrowers signed by the Chief Executive Officer, President or Chief Financial Officer of the Company and the President or Treasurer of the other Loan Parties, 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 2 contracts
Samples: Credit Agreement (Primesource Corp), Revolving Credit Facility (Primesource Corp)
Certificate of the Borrowers. Concurrently with the financial statements of the Borrowers Borrowers. furnished to the Agent and to the Banks Bank pursuant to Sections 8.3.1 7.3.1 and 8.3.27.3.2, a certificate of the Borrowers signed by the Chief Executive Officer, President or Chief Financial Officer of Champion, on behalf of all the Company and the President or Treasurer of the other Loan PartiesBorrowers, in the form of Exhibit 8.3.4EXHIBIT 7.3.3, to the effect that, except as described pursuant to Section 8.3.57.3.4, (i) the representations and warranties of the Borrowers 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 Borrowers 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 8.2.7.2. 108
Appears in 1 contract
Samples: Term Loan Credit Agreement (Champion Industries Inc)
Certificate of the Borrowers. Concurrently with the financial statements of the Borrowers furnished to the Agent and to the Banks pursuant to Sections 8.3.1 8.3.2 and 8.3.28.3.3, a certificate of the Borrowers signed by the Chief Executive Officer, President or Chief Financial Officer of the Company and the President or Treasurer of the other Loan Partieseach such Borrower, 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 each such Borrower contained in Section Article 6 and in the other Loan Documents are true 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 each such Borrower has performed and complied with in all material respects 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 the financial statements with all financial covenants contained in Section 8.2.
Appears in 1 contract
Samples: Credit Agreement (Phymatrix Corp)