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 (Southern Heritage Bancorp Inc), Indenture (ACA Capital Holdings Inc), Indenture (Uwharrie Capital Corp)

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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 thereof.. A form of this Certificate is attached hereto as Exhibit B.

Appears in 8 contracts

Samples: Indenture (MortgageIT Holdings, Inc.), Indenture (Capstead Mortgage Corp), Indenture (Community 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 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 (Transamerica Capital Iii), Indenture (Summit Capital Trust I), Indenture (Union Planters 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 (CastlePoint Holdings, Ltd.)

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 (Bank of America Corp /De/), Indenture (Bank of America Corp /De/), Indenture (Countrywide Capital Ii)

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: Tib Financial Corp., Indenture (Park Meridian Financial Corp), Indenture (Usb Holding Co 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.. A form of this Certificate is attached hereto as Exhibit B. ---------

Appears in 5 contracts

Samples: Indenture (First Banks Inc), Indenture (First Banks, Inc), Indenture (First Banks, 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.

Appears in 4 contracts

Samples: Indenture (Florida Banks Inc), 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 3 contracts

Samples: Indenture (Tib Financial Corp.), Indenture (QCR Holdings Inc), Indenture (Service 1st Bancorp)

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: Tib Financial Corp., Indenture (First Community Bancorp /Ca/), Indenture (Home 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 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 (Alabama National Bancorporation), Indenture (New South Bancshares 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/)

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)

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. SECTION 3.06.

Appears in 1 contract

Samples: Employment Agreement (Columbia Bancorp \Or\)

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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 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 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 thereof and status thereofthe steps taken to remedy such default.

Appears in 1 contract

Samples: Indenture (Citicorp)

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 Securities of any series are outstanding hereunder, a an Officers' 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: Interpool 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 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 Debt Securities are outstanding hereunder, a Certificate Certificate, substantially in the form of Exhibit B attached hereto, 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 1 contract

Samples: Hf Financial Corp

Certificate to Trustee. The Company Corporation will deliver to the Trustee on or before Trustee, within 120 days after the end of each fiscal yearyear ending after the date hereof, so long as Debentures any Senior Notes are outstanding hereunderoutstanding, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company Corporation they would normally have knowledge of any default during such fiscal year by the Company Corporation 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 (Joy Global Inc)

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