Common use of Certificate to Trustee Clause in Contracts

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 48 contracts

Samples: Indenture (ACA Capital Holdings Inc), Indenture (Southern Heritage Bancorp Inc), Indenture (Ecb Bancorp Inc)

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Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year in each year, so long as Debentures Debt Securities of any series are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 8 contracts

Samples: Indenture (Summit Capital Trust I), Indenture (Union Planters Corp), Indenture (Pxre Corp)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default Default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default Default and, if so, specifying each such default Default of which the signers have knowledge and the nature and status thereof.

Appears in 6 contracts

Samples: Indenture (James River Group, INC), Indenture (Tower Group, Inc.), Indenture (Odyssey Re Holdings Corp)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year in each year, so long as Debentures Securities of any series are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 5 contracts

Samples: Indenture (Nb Capital Trust I), Indenture (Countrywide Capital Ii), Indenture (Bank of America Corp /De/)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status states thereof.

Appears in 5 contracts

Samples: Indenture (Tib Financial Corp.), Indenture (Bremer Financial Corporation), Indenture (Park Meridian Financial Corp)

Certificate to Trustee. The Company will deliver to the ------------------------ Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 5 contracts

Samples: Indenture (Intervest Bancshares Corp), Indenture (Florida Banks Inc), Indenture (Intervest Bancshares Corp)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures Debt Securities are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants of the Company contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 4 contracts

Samples: Indenture (Tib Financial Corp.), Indenture (QCR Holdings Inc), Employment Agreement (Columbia Bancorp \Or\)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures Debt Securities are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status states thereof.

Appears in 3 contracts

Samples: Indenture (Tib Financial Corp.), Indenture (Home Bancshares Inc), Indenture (First Community Bancorp /Ca/)

Certificate to Trustee. The Company will deliver to the ---------------------- Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 2 contracts

Samples: Indenture (New South Bancshares Inc), Indenture (Alabama National Bancorporation)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.. A form of this Certificate is attached hereto as Exhibit B. -----------

Appears in 1 contract

Samples: Indenture (Intervest Bancshares Corp)

Certificate to Trustee. The Company will deliver to the ----------------------- Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.. A form of this Certificate is attached hereto as Exhibit B.

Appears in 1 contract

Samples: Indenture (Parke Bancorp, Inc.)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year in each year, so long as Debentures Debt Securities are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 1 contract

Samples: Indenture (Community Bancshares Inc /De/)

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Certificate to Trustee. The Company will deliver to the ---------------------- Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status states thereof.

Appears in 1 contract

Samples: Indenture (Prosperity Bancshares Inc)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such Form 10.Exhibit 4.1 default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 1 contract

Samples: Indenture (Southwest Community Bancorp)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year in each year, so long as Debentures Securities of any series are outstanding hereunder, a Certificate Certifi cate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 1 contract

Samples: Indenture (Nb Capital Trust I)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures Debt Securities are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants of the Company contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.. A form of such Certificate is attached hereto as Exhibit B.

Appears in 1 contract

Samples: Indenture (Flagstar Bancorp Inc)

Certificate to Trustee. The Company will deliver to the ------------------------ Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.they

Appears in 1 contract

Samples: Indenture (Intervest Bancshares Corp)

Certificate to Trustee. The Company will deliver to ------------------------ the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 1 contract

Samples: Indenture (Gateway Bancshares Inc /Ga/)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.. Center Bancorp, Inc./Indenture/Floating Rate

Appears in 1 contract

Samples: Indenture (Center Bancorp Inc)

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