Common use of Certificates of Compliance Clause in Contracts

Certificates of Compliance. Concurrently with the furnishing of the annual audited Financial Statements pursuant to Subsection 12(a)(i) hereof and each of the quarterly unaudited Financial Statements pursuant to Subsection 12(a)(ii) hereof, Borrower and Guarantor will furnish or cause to be furnished to the Bank a certificate in the form of Exhibit "D" attached hereto, signed by the President, or chief financial officer of the Borrower and the Guarantor (i) stating that the Borrower and the Guarantor have fulfilled in all material respects their respective obligations under the Note, the Guaranty and the Security Instruments, including this Agreement, and that all representations and warranties made herein and therein continue (except to the extent they relate solely to an earlier date) to be true and correct in all material respects (or specifying the nature of any change), or if an Event of Default has occurred, specifying the Event of Default and the nature and status thereof; (ii) to the extent requested from time to time by the Bank, specifically affirming compliance of the Borrower and the Guarantor in all material respects with any of their respective representations (except to the extent they relate solely to an earlier date) or obligations under said instruments; (iii) setting forth the computation, in reasonable detail as of the end of each period covered by such certificate, of compliance with Sections 13(c), (d), (e) and (f); and (iv) containing or accompanied by such financial or other details, information and material as the Bank may reasonably request to evidence such compliance.

Certificates of Compliance. Concurrently with the furnishing of the annual audited Financial Statements pursuant to Subsection 12(a)(i) hereof and each of the unaudited annual and quarterly unaudited Financial Statements pursuant to Subsection 12(a)(ii) hereofand (iii) hereof for the months coinciding with the end of each calendar quarter, Borrower and Guarantor will furnish or cause to be furnished to the Bank Agent a certificate in the form of Exhibit "“D" ” attached hereto, signed by the President, President or chief financial officer Chief Financial Officer of the Borrower and the Guarantor or Chief Operating Officer. (i) stating that the Borrower and the Guarantor have has fulfilled in all material respects their its respective obligations under the Note, the Guaranty Notes and the Security InstrumentsLoan Documents, including this Agreement, and that all representations and warranties made herein and therein continue (except to the extent they relate solely to an earlier date) to be true and correct in all material respects (or specifying the nature of any change), or if an Event of a Default has occurred, specifying the Event of Default and the nature and status thereof; (ii) to the extent requested from time to time by the BankAgent, specifically affirming compliance of the Borrower and the each Guarantor in all material respects with any of their respective its representations (except to the extent they relate solely to an earlier date) or obligations under said instruments; (iii) setting forth the computation, in reasonable detail as of the end of each period covered by such certificate, of compliance with Sections 13(c13(b), (c), (d), (e) and (fe); and (iv) containing or accompanied by such financial or other details, information and material as the Bank Agent may reasonably request to evidence such compliance.

Certificates of Compliance. Concurrently with the furnishing of the annual audited Financial Statements pursuant to Subsection 12(a)(i) hereof and each of the quarterly unaudited Financial Statements pursuant to Subsection 12(a)(ii) hereofhereof for the months coinciding with the end of each calendar quarter, Borrower Canaan, on a consolidated basis and Guarantor on behalf of all Borrowers, will furnish or cause to be furnished to the Bank Agent a certificate in the form of Exhibit "DC" attached hereto, signed by the PresidentPresident of each Borrower, or chief financial officer of the Borrower and the Guarantor (i) stating that the each Borrower and the Guarantor have has fulfilled in all material respects their respective its obligations under the Note, the Guaranty Notes and the Security InstrumentsLoan Documents, including this Agreement, and that all representations and warranties made herein and therein continue (except to the extent they relate solely to an earlier date) to be true and correct in all material respects (or specifying the nature of any change), or if an Event of a Default has occurred, specifying the Event of Default and the nature and status thereof; (ii) to the extent requested from time to time by the BankAgent, specifically affirming compliance of the each Borrower and the Guarantor in all material respects with any of their respective its representations (except to the extent they relate solely to an earlier date) or obligations under said instruments; (iii) setting forth the computation, in reasonable detail as of the end of each period covered by such certificate, of compliance with Sections 13(c13(b), (c), (d), and (e) and (f); and (iv) containing or accompanied by such financial or other details, information and material as the Bank Agent may reasonably request to evidence such compliance.

Certificates of Compliance. Concurrently with the furnishing of the annual audited Financial Statements pursuant to Subsection 12(a)(i) hereof and each of the quarterly unaudited Financial Statements pursuant to Subsection 12(a)(ii) hereofhereof for the months coinciding with the end of each calendar quarter, Borrower and Guarantor Guarantors, as the case may be, will furnish or cause to be furnished to the Bank Agent a certificate in the form of Exhibit "DE" attached hereto, signed by the President, President or chief financial officer Chief Financial Officer of the Borrower and the Guarantor Company, (i) stating that the Borrower and the each Guarantor have fulfilled in all material respects their its respective obligations under the Note, the Guaranty Notes and the Security InstrumentsLoan Documents, including this Agreement, and that all representations and warranties made herein and therein continue (except to the extent they relate solely to an earlier date) to be true and correct in all material respects (or specifying the nature of any change), or if an Event of a Default has occurred, specifying the Event of Default and the nature and status thereof; (ii) to the extent requested from time to time by the BankAgent, specifically affirming compliance of the Borrower and the each Guarantor in all material respects with any of their respective its representations (except to the extent they relate solely to an earlier date) or obligations under said instruments; (iii) setting forth the computation, in reasonable detail as of the end of each period covered by such certificate, certificate of compliance with Sections 13(c13(b), (c), (d), (e) and (fe); and (iv) containing or accompanied by such financial or other details, information and material as the Bank Agent may reasonably request to evidence such compliance.

Certificates of Compliance. Concurrently with the furnishing of the annual audited Financial Statements pursuant to Subsection 12(a)(i) hereof and each of the quarterly unaudited Financial Statements pursuant to Subsection 12(a)(ii) hereofhereof for the months coinciding with the end of each calendar quarter, Borrower and Guarantor Guarantor, as the case may be, will furnish or cause to be furnished to the Bank Agent a certificate in the form of Exhibit "DE" attached hereto, signed by the President, President or chief financial officer Chief Financial Officer of the Borrower and the Guarantor each Guarantor, (i) stating that the Borrower and the each Guarantor have fulfilled in all material respects their respective obligations under the Note, the Guaranty Notes and the Security InstrumentsLoan Documents, including this Agreement, and that all representations and warranties made herein and therein continue (except to the extent they relate solely to an earlier date) to be true and correct in all material respects (or specifying the nature of any change), or if an Event of a Default has occurred, specifying the Event of Default and the nature and status thereof; (ii) to the extent requested from time to time by the BankAgent, specifically affirming compliance of the Borrower and the each Guarantor in all material respects with any of their respective its representations (except to the extent they relate solely to an earlier date) or obligations under said instruments; (iii) setting forth the computation, in reasonable detail as of the end of each period covered by such certificate, of compliance with Sections 13(c13(b), (c), (d), (e) and (fe); and (iv) containing or accompanied by such financial or other details, information and material as the Bank Agent may reasonably request to evidence such compliance.

Certificates of Compliance. Concurrently with the furnishing of the annual audited Financial Statements pursuant to Subsection 12(a)(iSection 10(a)(i) hereof and each of the quarterly unaudited Financial Statements pursuant to Subsection 12(a)(iiSection 10(a)(ii) hereof, Borrower and each Guarantor will furnish or cause to be furnished to the Bank a certificate separate certificates in the form of Exhibit "D" attached hereto, signed by the President, or chief financial an authorized officer of the General Partner of Borrower and or by an authorized officer of the Guarantor corporate Guarantors or by the individual Guarantor, as the case may be, (i) stating that the Borrower and or such Guarantor, as the Guarantor have case may be, has fulfilled in all material respects their respective its obligations under the Note, the Guaranty Note and the Security Instruments, including this Agreement, and that all representations and warranties made herein and therein by such party continue (except to the extent they relate solely to an earlier date) to be true and correct in all material respects (or specifying the nature of any change), or if an Event of Default has occurred, specifying the Event of Default and the nature and status thereof; (ii) to the extent requested from time to time by the Bank, specifically affirming compliance of the Borrower and or a Guarantor, as the Guarantor case may be, in all material respects with any of their respective its representations (except to the extent they relate solely to an earlier date) or obligations under said instruments; (iii) setting forth the computation, in reasonable detail as of the end of each period covered by such certificate, of compliance with Sections 13(c), (d), (e) and (f)Borrower's ratio of Collateral Value to Total Outstandings; and (iv) containing or accompanied by such financial or other details, information and material as the Bank may reasonably request to evidence such compliance.