Common use of Certificates of No Default Clause in Contracts

Certificates of No Default. Within thirty (30) calendar days after the end of each of the quarters of each FISCAL YEAR of the BORROWER, the BORROWER shall submit to the LENDER a certificate of the chief financial officer of the BORROWER certifying that: (i) there exists no EVENT OF DEFAULT, or if an EVENT OF DEFAULT exists, specifying the nature thereof, the period of existence thereof and what action the BORROWER proposes to take with respect thereto; (ii) no material adverse change in the condition, financial or otherwise, business, property or results of operations of the BORROWER has occurred since the previous certificate was sent to the LENDER by the BORROWER or, if any such change has occurred, specifying the nature thereof and what action the BORROWER has taken or proposes to take with respect thereto; (iii) all insurance premiums then due have been paid; (iv) all taxes then due have been paid or, for those taxes which have not been paid, a statement of the taxes not paid and a description of the BORROWER'S rationale therefor; (v) no litigation, investigation or proceedings, or injunction, writ or restraining order is pending or threatened of which the BORROWER is required to notify the LENDER thereof pursuant to Section 6.6 hereof or, if any such litigation, investigation, proceeding, injunction, writ or order is pending, describing the nature thereof; and (vi) stating whether or not the BORROWER is in compliance with the covenants in this AGREEMENT, including a calculation of the financial covenants in the schedule attached to such officer's certificate in form satisfactory to the LENDER.

Certificates of No Default. Within thirty (30) calendar days after the end of each of the quarters of each FISCAL YEAR Fiscal Year of the BORROWERBorrower, the BORROWER Borrower shall submit to the LENDER a certificate Lender certificates of the chief financial officer officers of the BORROWER Borrower certifying that: (i) there exists no EVENT OF DEFAULTDefault or Event of Default, or if a Default or an EVENT OF DEFAULT Event of Default exists, specifying the nature thereof, the period of existence thereof and what action the BORROWER Borrower proposes to take with respect thereto; (ii) no material adverse change in the condition, financial or otherwise, business, property or results of operations of the BORROWER Material Adverse Event has occurred since the previous certificate was sent to the LENDER Lender by the BORROWER Borrower or, if any such change has occurred, specifying the nature thereof and what action the BORROWER Borrower has taken or proposes to take with respect thereto; (iii) all insurance premiums then due have been paid; (iv) all taxes then due have been paid or, for those taxes which have not been paid, a statement of the taxes not paid and a description of the BORROWER'S Borrower’s rationale therefor; (v) no material litigation, investigation or proceedings, or injunction, writ or restraining order is pending or threatened of which the BORROWER is required to notify the LENDER thereof pursuant to Section 6.6 hereof or, if any such litigation, investigation, proceeding, injunction, writ or order not previously disclosed to the Lender in writing is pending, describing the nature thereof; and (vi) stating whether or not the BORROWER is Guarantors and the Borrower are in compliance with the covenants in this AGREEMENTAgreement, including a calculation of the financial covenants in the schedule attached to such officer's certificate officers’ certificates in form satisfactory to the LENDERLender.

Certificates of No Default. Within thirty (30) calendar days after the end of each of the quarters of each FISCAL YEAR of the BORROWER, the BORROWER shall submit to the LENDER a certificate of the chief financial officer of the BORROWER in the form of Exhibit 5.12.8 attached hereto, certifying that: (i) there exists no DEFAULT or EVENT OF DEFAULT, or if a DEFAULT or an EVENT OF DEFAULT exists, specifying the nature thereof, the period of existence thereof and what action the BORROWER proposes to take with respect thereto; (ii) no material adverse change in the condition, financial or otherwise, business, property or results of operations of the BORROWER has occurred since the previous certificate was sent to the LENDER by the BORROWER or, if any such change has occurred, specifying the nature thereof and what action the BORROWER has taken or proposes to take with respect thereto; (iii) all insurance premiums then due have been paid; (iv) all taxes then due have been paid or, for those taxes which have not been paid, a statement of the taxes not paid and a description of the BORROWER'S rationale therefor; (v) no litigation, investigation or proceedings, or injunction, writ or restraining order is pending or threatened of which the BORROWER is required to notify the LENDER thereof pursuant to Section 6.6 hereof or, if any such litigation, investigation, proceeding, injunction, writ or order is pending, describing the nature thereof; and (vi) stating whether or not the BORROWER is in compliance with the covenants in this AGREEMENT, including a calculation of the financial covenants in the schedule attached to such officer's certificate officers' certificates in form satisfactory to the LENDER.

Certificates of No Default. Within thirty (30) calendar days after the end of each of the quarters of each FISCAL YEAR of each of the BORROWERBORROWERS, each of the BORROWER BORROWERS shall submit to the LENDER a certificate certificates of the chief financial officer officers of each of the BORROWER BORROWERS certifying that: (i) there exists no DEFAULT or EVENT OF DEFAULT, or if a DEFAULT or an EVENT OF DEFAULT exists, specifying the nature thereof, the period of existence thereof and what action the such BORROWER proposes to take with respect thereto; (ii) no material adverse change in the condition, financial or otherwise, business, property or results of operations of the such BORROWER has occurred since the previous certificate was sent to the LENDER by the such BORROWER or, if any such change has occurred, specifying the nature thereof and what action the such BORROWER has taken or proposes to take with respect thereto; (iii) all insurance premiums then due have been paid; (iv) all taxes then due have been paid or, for those taxes which have not been paid, a statement of the taxes not paid and a description of the such BORROWER'S rationale therefor; (v) no litigation, investigation or proceedings, or injunction, writ or restraining order is pending or threatened of which the BORROWER is required to notify the LENDER thereof pursuant to Section 6.6 hereof or, if any such litigation, investigation, proceeding, injunction, writ or order is pending, describing the nature thereof; and (vi) stating whether or not the BORROWER is GUARANTORS and the BORROWERS are in compliance with the covenants in this AGREEMENT, including a calculation of the financial covenants in the schedule attached to such officer's certificate officers' certificates in form satisfactory to the LENDER.

Certificates of No Default. Within thirty (30) calendar days after the end of each calendar month, each of the quarters of each FISCAL YEAR of the BORROWER, the BORROWER BORROWERS shall submit to the LENDER a certificate certificates of the chief financial officer officers of each of the BORROWER BORROWERS certifying that: (i) there exists no DEFAULT or EVENT OF DEFAULT, or if a DEFAULT or an EVENT OF DEFAULT exists, specifying the nature thereof, the period of existence thereof and what action the such BORROWER proposes to take with respect thereto; (ii) no material adverse change in the condition, financial or otherwise, business, property or results of operations of the such BORROWER has occurred since the previous certificate was sent to the LENDER by the such BORROWER or, if any such change has occurred, specifying the nature thereof and what action the such BORROWER has taken or proposes to take with respect thereto; (iii) all insurance premiums then due have been paid; (iv) all taxes then due have been paid or, for those taxes which have not been paid, a statement of the taxes not paid and a description of the such BORROWER'S rationale therefor; (v) no litigation, investigation or proceedings, or injunction, writ or restraining order is pending or threatened of which the BORROWER is required to notify the LENDER thereof pursuant to Section 6.6 hereof or, if any such litigation, investigation, proceeding, injunction, writ or order is pending, describing the nature thereof; and (vi) stating whether or not the BORROWER is GUARANTORS and the BORROWERS are in compliance with the covenants in this AGREEMENT, including a calculation of the financial covenants in the schedule attached to such officer's certificate officers' certificates in form satisfactory to the LENDER.

Certificates of No Default. Within thirty (30) calendar days after the end of each of the quarters QUARTERS of each FISCAL YEAR of each of the BORROWERBORROWERS, each of the BORROWER BORROWERS shall submit to the LENDER a certificate certificates of the chief financial officer officers of each of the BORROWER BORROWERS certifying that: (i) there exists no DEFAULT or EVENT OF DEFAULT, or if a DEFAULT or an EVENT OF DEFAULT exists, specifying the nature thereof, the period of existence thereof and what action the such BORROWER proposes to take with respect thereto; (ii) no material adverse change in the condition, financial or otherwise, business, property or results of operations of the such BORROWER has occurred since the previous certificate was sent to the LENDER by the such BORROWER or, if any such change has occurred, specifying the nature thereof and what action the such BORROWER has taken or proposes to take with respect thereto; (iii) all insurance premiums then due have been paid; (iv) all taxes then due have been paid or, for those taxes which have not been paid, a statement of the taxes not paid and a description of the BORROWER'S such BORROWERS rationale therefor; (v) no litigation, investigation or proceedings, or injunction, writ or restraining order is pending or threatened of which the BORROWER is required to notify the LENDER thereof pursuant to Section 6.6 hereof or, if any such litigation, investigation, proceeding, injunction, writ or order is pending, describing the nature thereof; and (vi) stating whether or not the BORROWER is GUARANTORS and the BORROWERS are in compliance with the covenants in this AGREEMENT, including a calculation of the financial covenants in the schedule attached to such officer's certificate officers certificates in form satisfactory to the LENDER.

Certificates of No Default. Within thirty (30) calendar days after the end of each of the quarters of each FISCAL YEAR of the BORROWERCOMPANIES, the BORROWER GUARANTORS shall submit to the LENDER a certificate of the chief financial officer or officers of each of the BORROWER COMPANIES certifying that: (i1) there exists no EVENT OF DEFAULT, or if an EVENT OF DEFAULT exists, specifying the nature thereof, the period of existence thereof and what action the BORROWER proposes COMPANIES propose to take with respect thereto; (ii2) no material adverse change in the condition, financial or otherwise, business, property or results of operations of any of the BORROWER COMPANIES has occurred since the previous certificate was sent to the LENDER by the BORROWER GUARANTORS or, if any such change has occurred, specifying the nature thereof and what action the BORROWER has COMPANIES have taken or proposes propose to take with respect thereto; (iii3) all insurance premiums then due have been paid; (iv4) all taxes then due have been paid or, for those taxes which have not been paid, a statement of the taxes not paid and a description of the BORROWER'S rationale thereforfor such non-payment; (v) 5 no litigation, investigation or proceedings, or injunction, writ or restraining order is pending or threatened of which the BORROWER is required to notify the LENDER thereof pursuant to Section 6.6 hereof or, if any such litigation, investigation, proceeding, injunction, writ or order is pending, describing the nature thereof; and (vi6) stating whether or not the BORROWER is BORROWERS are in compliance with the covenants of the LOAN AGREEMENT and whether or not the GUARANTORS are in compliance with the covenants in this AGREEMENTGUARANTY, including a calculation of the financial covenants in the schedule attached to such officer's certificate in form satisfactory to the LENDER.