Common use of Certificate Requirements Clause in Contracts

Certificate Requirements. Each Borrowing Base Certificate shall: (a) describe (i) for each Approved Financing the name of each Underlying Borrower, and the Underlying Financing; (ii) the activity on each Approved Financing since the date of the last Borrowing Base Certificate delivered to Administrative Agent, including the beginning balance of each Underlying Financing, cash flows (including Amended & Restated Loan Agreement (PF) payments, accrued interest and other adjustments) of each Underlying Borrower and the ending balance of each Underlying Financing; (iii) the anticipated cash flows from each Approved Financing for the current period; (iv) the Applicable Valuation Percentage of each Approved Financing; (v) the proposed principal balance of each proposed Intercompany Note together with the principal balance of all previously issued Intercompany Notes; (vi) with respect to each Delayed Draw Financing, the Delayed Draw Commitment Amount, the Applicable DD Percentage, the Catch-Up Amount, the Initial Borrower Required Amount, the Scheduled DD Amount, the Unfunded Financing Commitment Amount and the Threshold Amount, in each case, for such Delayed Draw Financing; (vii) the then Borrowing Base, Aggregate Usage and Availability calculations for the Loans both before and after giving effect to any requested Advance; (viii) the Margin (as defined in Section 1.1) for each Loan to be advanced in connection with each Approved Financing; (ix) with respect to each Alternative Margin Loan, identify the Approved Financing that is being funded with the proceeds of such Alternative Margin Loan (such Approved Financing, the “Alternative Margin Approved Financing”); (x) with respect to each Fixed Rate Approved Financing, set forth both the Fixed Rate Borrowing Base and the Floating Rate Borrowing Base; (xi) the Blended Rate for each Fixed Rate Loan and Fixed Rate Approved Financings; (xii) with respect to each Alternative Margin Loan set forth the Alternative Margin Borrowing Base for such Loan; (xiii) for each Approved Financing, identify the category and concentration level for each Off-Taker (as defined in Appendix 2), in each case, by reference to paragraph F of Appendix 2 and (xiv) the aggregate principal amount, if any, required to be pre-paid by the Borrowers to the Lenders based on any such calculation as well as, in the case of the Payment Date Borrowing Base Certificate, the amount of excess cash, if any, in the Revenue Account (as defined in the Depositary Agreement) that would be available for transfer to the Distribution Account (as defined in the Depositary Agreement) as of the date of such certificate; (b) identify any Approved Financing (i) that is subject to a default under its corresponding Underlying Financing Documents as a result of the failure by any Underlying Borrower or any other obligor to make any payment when due under the terms of such Underlying Financing Agreement or any other Underlying Financing Documents, following the expiration of any grace or cure period expressly permitted for such default in such Underlying Financing Agreement; (ii) that is subject to a bankruptcy default as a result of an Insolvency Proceeding; (iii) that is subject to any Deteriorating Credit Condition or (iv) where an Other Material Underlying Event has occurred (any Approved Financing described in clauses (i) through (iv) above, a “Watched Loan”). Administrative Agent may in its discretion designate any Approved Financing as a Watched Loan to the extent Administrative Agent reasonably believes such Approved Financing is subject to any of the events set forth in the definition of “Watched Loans”; (c) include a reconciliation of the activity under the Loan Facility since the most recently delivered Borrowing Base Certificate, including any Advances, any payments of principal or interest made under this Agreement; (d) in connection with each Payment Date Borrowing Base Certificate, include as part of such certificate a true, correct and complete: list of all Approved Financings as of such Payment Date; and (e) with respect to a Payment Date Borrowing Base Certificate, include a certification that the Borrowers are in compliance with the Interest Service Coverage Ratio Threshold as of the end of the applicable Interest Coverage Calculation Period and include all calculations and information supporting such certification. Amended & Restated Loan Agreement (PF)

Certificate Requirements. Each Borrowing Base Certificate shall: (a) describe (i) for each Approved Financing Financing, the name of each Underlying Borrower, Underlying Obligor and the Underlying Financing; (ii) the activity on each Approved Financing since the date of the last Borrowing Base Certificate delivered to Administrative Agent, including the beginning balance of each Underlying Financing, cash flows (including Amended & Restated Loan Agreement (PF) payments, accrued interest and other adjustments) of each Underlying Borrower and the ending balance of each Underlying Financing; (iii) the anticipated cash flows from each Approved Financing for the current period; (iv) the Applicable Valuation Percentage of each Approved Financing; (v) the proposed principal balance of each proposed Intercompany Note together with the principal balance of all previously issued Intercompany Notes; (vi) with respect to each Delayed Draw Financing, the Delayed Draw Commitment Amount, the Applicable Additional DD Percentage, the Catch-Up Amount, the Initial Borrower Required Amount, the Scheduled DD Amount, the Pre-Joining Amount, the Scheduled Pre-Joining Amount, and the Unfunded Financing Commitment Amount and the Threshold Amount, in each case, for such Delayed Draw Financing; (vii) the then Borrowing Base, Aggregate Usage and Availability calculations for the Loans both before and after giving effect to any requested Advance; Advance and (viii) the Margin (as defined in Section 1.1) for each Loan to be advanced in connection with each Approved Financing; (ix) with respect to each Alternative Margin Loan, identify the Approved Financing that is being funded with the proceeds of such Alternative Margin Loan (such Approved Financing, the “Alternative Margin Approved Financing”); (x) with respect to each Fixed Rate Approved Financing, set forth both the Fixed Rate Borrowing Base and the Floating Rate Borrowing Base; (xi) the Blended Rate for each Fixed Rate Loan and Fixed Rate Approved Financings; (xii) with respect to each Alternative Margin Loan set forth the Alternative Margin Borrowing Base for such Loan; (xiii) for each Approved Financing, identify the category and concentration level for each Off-Taker (as defined in Appendix 2), in each case, by reference to paragraph F of Appendix 2 and (xiv) the aggregate principal amount, if any, required to be pre-paid by the Borrowers to the Lenders based on any such calculation as well as, in the case of the Payment Date Borrowing Base Certificate, the amount of excess cash, if any, in the Revenue Account (as defined in the Depositary Agreement) that would be available for transfer to the Distribution Account (as defined in the Depositary Agreement) as of the date of such certificate; (b) identify any Approved Financing (i) that is subject to a default under its corresponding Underlying Financing Documents as a result of the failure by any Underlying Borrower or any other obligor to make any payment when due under the terms of such Underlying Financing Agreement or any other Underlying Financing Documents, following the expiration of any grace or cure period expressly permitted for such default in such Underlying Financing Agreement; (ii) that is subject to a bankruptcy default as a result of an Insolvency Proceeding; (iii) that is subject to any Deteriorating Credit Condition or (iv) where an Other Material Underlying Event has occurred (any Approved Financing described in clauses (i) through (iv) above, a “Watched Loan”). Administrative Agent may in its discretion designate any Approved Financing as a Watched Loan to the extent Administrative Agent reasonably believes such Approved Financing is subject to any of the events set forth in the definition of “Watched Loans”; (c) include a reconciliation of the activity under the Loan Facility since the most recently delivered Borrowing Base Certificate, including any Advances, any payments of principal or interest made under this Agreement; (d) in connection with each Payment Date Borrowing Base Certificate, include as part of such certificate a true, correct and complete: list of all Approved Financings as of such Payment Date; and (e) with respect to a Payment Date Borrowing Base Certificate, include a certification that the Borrowers are in compliance with the Interest Service Coverage Ratio Threshold as of the end of the applicable Interest Coverage Calculation Period and include all calculations and information supporting such certification. Amended & Restated Loan Agreement (PF).

Certificate Requirements. Each Borrowing Base Certificate shall: (a) describe (i) for each Approved Financing the name of each Underlying Borrower, and the Underlying Financing; (ii) the activity on each Approved Financing since the date of the last Borrowing Base Certificate delivered to Administrative Agent, including the beginning balance of each Underlying Financing, cash flows (including Amended & Restated Loan Agreement (PF) payments, accrued interest and other adjustments) of each Underlying Borrower and the ending balance of each Underlying Financing; (iii) the anticipated cash flows from each Approved Financing for the current period; (iv) the Applicable Valuation Percentage of each Approved Financing; (v) the proposed principal balance of each proposed Intercompany Note together with the principal balance of all previously issued Intercompany Notes; (vi) with respect to each Delayed Draw Financing, the Delayed Draw Commitment Amount, the Applicable DD Percentage, the Catch-Up Amount, the Initial Borrower Required Amount, the Scheduled DD Amount, Amount and the Unfunded Financing Commitment Amount and the Threshold Amount, in each case, for such Delayed Draw Financing; Financing (vii) the then Borrowing Base, Aggregate Usage and Availability calculations for the Loans both before and after giving effect to any requested Advance; Advance and (viii) the Margin (as defined in Section 1.1) for each Loan to be advanced in connection with each Approved Financing; (ix) with respect to each Alternative Margin Loan, identify the Approved Financing that is being funded with the proceeds of such Alternative Margin Loan (such Approved Financing, the “Alternative Margin Approved Financing”); (x) with respect to each Fixed Rate Approved Financing, set forth both the Fixed Rate Borrowing Base and the Floating Rate Borrowing Base; (xi) the Blended Rate for each Fixed Rate Loan and Fixed Rate Approved Financings; (xii) with respect to each Alternative Margin Loan set forth the Alternative Margin Borrowing Base for such Loan; (xiii) for each Approved Financing, identify the category and concentration level for each Off-Taker (as defined in Appendix 2), in each case, by reference to paragraph F of Appendix 2 and (xiv) the aggregate principal amount, if any, required to be pre-paid by the Borrowers to the Lenders based on any such calculation as well as, in the case of the Payment Date Borrowing Base Certificate, the amount of excess cash, if any, in the Revenue Account (as defined in the Depositary Agreement) that would be available for transfer to the Distribution Account (as defined in the Depositary Agreement) as of the date of such certificate; (b) identify any Approved Financing (i) that is subject to a default under its corresponding Underlying Financing Documents as a result of the failure by any Underlying Borrower or any other obligor to make any payment when due under the terms of such Underlying Financing Agreement or any other Underlying Financing Documents, following the expiration of any grace or cure period expressly permitted for such default in such Underlying Financing Agreement; (ii) that is subject to a bankruptcy default as a result of an Insolvency Proceeding; (iii) that is subject to any Deteriorating Credit Condition or (iv) where an Other Material Underlying Event has occurred (any Approved Financing described in clauses (i) through (iv) above, a “Watched Loan”). Administrative Agent may in its discretion designate any Approved Financing as a Watched Loan to the extent Administrative Agent reasonably believes such Approved Financing is subject to any of the events set forth in the definition of “Watched Loans”; (c) include a reconciliation of the activity under the Loan Facility since the most recently delivered Borrowing Base Certificate, including any Advances, any payments of principal or interest made under this Agreement; (d) in connection with each Payment Date Borrowing Base Certificate, include as part of such certificate a true, correct and complete: list of all Approved Financings as of such Payment Date; and (e) with respect to a Payment Date Borrowing Base Certificate, include a certification that the Borrowers are in compliance with the Interest Service Coverage Ratio Threshold as of the end of the applicable Interest Coverage Calculation Period and include all calculations and information supporting such certification. Amended & Restated Loan Agreement (PF).

Certificate Requirements. Each Borrowing Base Certificate shall: (a) describe (i) for each Approved Financing Financing, the name of each Underlying Borrower, Underlying Obligor and the Underlying Financing; (ii) the activity on each Approved Financing since the date of the last Borrowing Base Certificate delivered to Administrative Agent, including the beginning balance of each Underlying Financing, cash flows (including Amended & Restated Loan Agreement (PF) payments, accrued interest and other adjustments) of each Underlying Borrower and the ending balance of each Underlying Financing; (iii) the anticipated cash flows from each Approved Financing for the current period; (iv) the Applicable Valuation Percentage of each Approved Financing; (v) the proposed principal balance of each proposed Intercompany Note together with the principal balance of all previously issued Intercompany Notes; (vi) with respect to each Delayed Draw Financing, the Delayed Draw Commitment Amount, the Applicable DD Percentage, the Catch-Up Amount, the Initial Borrower Required Amount, the Scheduled DD Amount, Amount and the Unfunded Financing Commitment Amount and the Threshold Amount, in each case, for such Delayed Draw Financing; Financing (vii) the then Borrowing Base, Aggregate Usage and Availability calculations for the Loans both before and after giving effect to any requested Advance; Advance and (viii) the Margin (as defined in Section 1.1) for each Loan to be advanced in connection with each Approved Financing; (ix) with respect to each Alternative Margin Loan, identify the Approved Financing that is being funded with the proceeds of such Alternative Margin Loan (such Approved Financing, the “Alternative Margin Approved Financing”); (x) with respect to each Fixed Rate Approved Financing, set forth both the Fixed Rate Borrowing Base and the Floating Rate Borrowing Base; (xi) the Blended Rate for each Fixed Rate Loan and Fixed Rate Approved Financings; (xii) with respect to each Alternative Margin Loan set forth the Alternative Margin Borrowing Base for such Loan; (xiii) for each Approved Financing, identify the category and concentration level for each Off-Taker (as defined in Appendix 2), in each case, by reference to paragraph F of Appendix 2 and (xiv) the aggregate principal amount, if any, required to be pre-paid by the Borrowers to the Lenders based on any such calculation as well as, in the case of the Payment Date Borrowing Base Certificate, the amount of excess cash, if any, in the Revenue Account (as defined in the Depositary Agreement) that would be available for transfer to the Distribution Account (as defined in the Depositary Agreement) as of the date of such certificate; (b) identify any Approved Financing (i) that is subject to a default under its corresponding Underlying Financing Documents as a result of the failure by any Underlying Borrower or any other obligor to make any payment when due under the terms of such Underlying Financing Agreement or any other Underlying Financing Documents, following the expiration of any grace or cure period expressly permitted for such default in such Underlying Financing Agreement; (ii) that is subject to a bankruptcy default as a result of an Insolvency Proceeding; (iii) that is subject to any Deteriorating Credit Condition or (iv) where an Other Material Underlying Event has occurred (any Approved Financing described in clauses (i) through (iv) above, a “Watched Loan”). Administrative Agent may in its discretion designate any Approved Financing as a Watched Loan to the extent Administrative Agent reasonably believes such Approved Financing is subject to any of the events set forth in the definition of “Watched Loans”; (c) include a reconciliation of the activity under the Loan Facility since the most recently delivered Borrowing Base Certificate, including any Advances, any payments of principal or interest made under this Agreement; (d) in connection with each Payment Date Borrowing Base Certificate, include as part of such certificate a true, correct and complete: list of all Approved Financings as of such Payment Date; and (e) with respect to a Payment Date Borrowing Base Certificate, include a certification that the Borrowers are in compliance with the Interest Service Coverage Ratio Threshold as of the end of the applicable Interest Coverage Calculation Period and include all calculations and information supporting such certification. Amended & Restated Loan Agreement (PF).