Common use of Certificates to Trustee Clause in Contracts

Certificates to Trustee. (a) Each Issuer will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a certificate from the principal executive, financial or accounting officer of such Issuer stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and the Company's and its Restricted Subsidiaries' performance under this Indenture and that, based upon such review, to the best of such officers' knowledge, the Issuers have fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (determined without regard to any period of grace or requirement of notice provided in this Indenture), specifying each such default and the nature and status thereof. (b) Each Issuer will deliver to the Trustee, as soon as possible and in any event within 30 days after such Issuer becomes aware of an Event of Default or a Default, an Officers' Certificate setting forth the details of such Event of Default or Default, and the action which such Issuer proposes to take or has taken with respect thereto. (c) Each Issuer will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by such Issuer's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Certificates to Trustee. (a) Each Issuer The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a certificate from the principal executive, financial or accounting officer of such Issuer the Company stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and the Company's and its Restricted Subsidiaries' performance under this Indenture and that, based upon such review, to the best of such officers' officer's knowledge, the Issuers have Company has fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (determined without regard to any period of grace or requirement of notice provided in this Indenture), specifying each such default and the nature and status thereof. (b) Each Issuer The Company will deliver to the Trustee, as soon as possible and in any event within 30 days after such Issuer the Company becomes aware of an Event of Default or a Default, an Officers' Officer's Certificate setting forth the details of such Event of Default or Default, and the action which such Issuer the Company proposes to take or has taken with respect thereto. (c) Each Issuer The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by such Issuerthe Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Certificates to Trustee. (a) Each Issuer The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a certificate from the principal executive, financial or accounting officer of such Issuer the Company stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and the Company's and its Restricted Subsidiaries' performance under this the Indenture and that, to the best of such officer's knowledge, based upon such review, to the best of such officers' knowledge, the Issuers have Company has fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (determined without regard to any period of grace or requirement of notice provided in this the Indenture), specifying each such default and the nature and status thereof. (b) Each Issuer The Company will deliver to the Trustee, as soon as possible and in any event within 30 10 days after such Issuer the Company becomes aware of the occurrence of an Event of Default or a Default, an Officers' Certificate setting forth the details of such Event of Default or Default, and the action which such Issuer the Company proposes to take or has taken with respect thereto. (c) Each Issuer The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by such Issuerthe Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes Securities as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Certificates to Trustee. (a) Each The Issuer will deliver to the Trustee within 120 180 days after the end of each fiscal year of the Company Issuer a brief certificate (which need not comply with Section 11.05) from the principal executive, financial or accounting officer of such the Issuer stating that such officer has conducted as to his or supervised a review her knowledge of the activities of the Company Issuer's compliance with all conditions and its Restricted Subsidiaries and the Company's and its Restricted Subsidiaries' performance covenants under this Indenture and that, based upon (such review, compliance to the best of such officers' knowledge, the Issuers have fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (be determined without regard to any period of grace or requirement of notice provided in under this Indenture), specifying each such default and the nature and status thereof. (b) Each The Issuer will deliver to the Trustee, as soon as possible and in any event within 30 10 days after such the Issuer becomes aware or should reasonably become aware of the occurrence of an Event of Default or a Default, an Officers' Certificate setting forth the details of such Event of Default or Default, and the action which such the Issuer proposes to take or has taken with respect thereto. (c) Each The Issuer will deliver to the Trustee within 120 180 days after the end of each fiscal year of the Company Issuer a written statement by such the Issuer's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof. (d) The Issuer will deliver to the Trustee, upon the written request of the Trustee (which shall be delivered by the Trustee within 30 days after the end of each fiscal quarter of the Issuer), within 45 days after the end of each fiscal quarter of the Issuer a certificate of the principal executive, financial or accounting officer of the Issuer setting forth (i) the Indebtedness to Adjusted EBITDA Ratio on the last day of such fiscal quarter, (ii) Adjusted EBITDA for the period of the most recently completed twelve months and (iii) the amount of Restricted Payments during the then-current fiscal year, in each case along with reasonably detailed calculations thereof.

Certificates to Trustee. (a) Each Issuer The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company a brief certificate (which need not comply with Section 10.05) from the principal executive, financial or accounting officer of such Issuer stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and as to his or her knowledge of the Company's compliance with all conditions and its Restricted Subsidiaries' performance covenants under this Indenture and that, based upon (such review, compliance to the best of such officers' knowledge, the Issuers have fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (be determined without regard to any period of grace or requirement of notice provided in under this Indenture), specifying each such default and the nature and status thereof. (b) Each Issuer The Company will deliver to the Trustee, as soon as possible and in any event within 30 10 days after such Issuer the Company becomes aware or should reasonably become aware of the occurrence of an Event of Default or a Default, an Officers' Certificate setting forth the details of such Event of Default or Default, and the action which such Issuer the Company proposes to take or has taken with respect thereto. (c) Each Issuer The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company a written statement by such Issuerthe Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes Securities as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Certificates to Trustee. (a) Each Issuer The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company a certificate from the principal executive, financial or accounting officer of such Issuer the Company stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and the Company's and its Restricted Subsidiaries' performance under this the Indenture and that, to the best of such officer's knowledge, based upon such review, to the best of such officers' knowledge, the Issuers have Company has fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (determined without regard to any period of grace or requirement of notice provided in this the Indenture), specifying each such default and the nature and status thereof. (b) Each Issuer The Company will deliver to the Trustee, as soon as possible and in any event within 30 10 days after such Issuer the Company becomes aware or should reasonably become aware of the occurrence of an Event of Default or a Default, an Officers' Certificate setting forth the details of such Event of Default or Default, and the action which such Issuer the Company proposes to take or has taken with respect thereto. (c) Each Issuer The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company a written statement by such Issuerthe Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes Securities as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Certificates to Trustee. (a) Each Issuer The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company a certificate from the principal executive, financial or accounting officer of such Issuer the Company stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and the Company's and its Restricted Subsidiaries' performance under this Indenture and that, to the best of such officer's knowledge, based upon such review, to the best there has been no Default that is continuing thereunder and there has been no occurrence of such officers' knowledge, the Issuers have fulfilled all obligations thereunder a Reset Event or, if there has been a default Default in the fulfillment of any such obligation (determined without regard to any period or there has been an occurrence of grace or requirement of notice provided in this Indenture)a Reset Event, specifying each such default Default or Reset Event and the nature and status thereof. (b) Each Issuer The Company will deliver to the Trustee, as soon as possible and in any event within 30 days after such Issuer becomes aware the occurrence thereof, written notice in the form of an Event of Default or a Default, an Officers' Certificate of any event which with the giving of notice and the lapse of time would become an Event of Default, setting forth the details status of such Event of Default event and what action the Company is taking or Default, and the action which such Issuer proposes to take or has taken with respect thereto. (c) Each For so long as the Issuer is the Holder of any Note or portion thereof, the Company will deliver to the Trustee, as soon as possible and in any event within 30 days after the occurrence thereof, written notice in the form of an Officers' Certificate of the occurrence of any Reset Event or of any event which with the giving of notice and the lapse of time would become a Reset Event (in each case, other than a Reset Event arising as a result of the occurrence of the Interest Rate Reset Date), setting forth the status of such event and what action the Company is taking or proposes to take with respect thereto. (d) The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by such Issuerthe Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.with

Certificates to Trustee. (a) Each The Issuer will deliver to the Trustee within 120 on or before a date not more than 90 days after the end of each fiscal year year, an Officers' Certificate of the Company a certificate from Chief Executive Officer, the principal executive, financial Chief Operating Officer or accounting officer the Chief Financial Officer of such the Issuer stating certifying that such officer has conducted or supervised a review of the activities of the Company Issuer and its Restricted Subsidiaries and the CompanyIssuer's and its Restricted Subsidiaries' performance under this the Indenture and that, to the best of such officer's knowledge, based upon such review, to the best of such officers' knowledge, the Issuers have Issuer has fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation obligation, specifying each such default and the nature and status thereof (such compliance to be determined without regard to any period of grace or requirement of notice provided in under this Indenture), specifying each such default and the nature and status thereof. (b) Each The Issuer will deliver to the Trustee, as soon as possible and in any event within 30 10 days after such the Issuer becomes aware or should reasonably become aware of the occurrence of an Event of Default or a Default, an Officers' Certificate setting forth the details of such Event of Default or Default, and the action which such the Issuer proposes to take or has taken with respect thereto. (c) Each Issuer will deliver . If a Default or Event of Default occurs, is continuing and is actually known to the Trustee, the Trustee must mail to each Holder notice of the Default or Event of Default within 120 90 days after the end Trustee has actual knowledge thereof, unless such Default or Event of each fiscal year of the Company a written statement by such Issuer's independent public accountants stating (i) that their audit examination has included a review of Default is cured or waived in accordance with the terms of this Indenture and prior to the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if giving of such a Default has come to their attention, specifying the nature and period of the existence thereofnotice.

Certificates to Trustee. (a) Each Issuer The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company Company, commencing with the fiscal year ending June 30, 1999, a certificate from the principal executive, financial or accounting officer of such Issuer stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and as to his or her knowledge of the Company's compliance with all conditions and its Restricted Subsidiaries' performance covenants under this Indenture and that, based upon (such review, compliance to the best of such officers' knowledge, the Issuers have fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (be determined without regard to any period of grace or requirement of notice provided in under this Indenture), specifying each ) and setting forth the details of any Event of Default or Default known to such default officer and the nature and status thereofaction which the Company proposes to take with respect thereto. (b) Each Issuer The Company will deliver to the Trustee, as soon as possible and in any event within 30 10 days after such Issuer the Company becomes aware or should reasonably become aware of the occurrence of an Event of Default or a Default, an Officers' Officer's Certificate setting forth the details of such Event of Default or Default, and the action which such Issuer the Company proposes to take or has taken with respect thereto. (c) Each Issuer The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company a written statement by such Issuerthe Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Certificates to Trustee. (a) Each Issuer The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a certificate from the principal executive, financial or accounting officer of such Issuer the Company stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and the Company's and its Restricted Subsidiaries' performance under this Indenture and that, based upon such review, to the best of such officers' officer's knowledge, the Issuers have Company has fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (determined without regard to any period of grace or requirement of notice provided in this Indenture), specifying each such default and the nature and status thereof. (b) Each Issuer The Company will deliver to the Trustee, as soon as possible and in any event within 30 days after such Issuer the Company becomes aware of the occurrence of an Event of Default or a Default, an Officers' Officer's Certificate setting forth the details of such Event of Default or Default, and the action which such Issuer the Company proposes to take or has taken with respect thereto. (c) Each Issuer The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by such Issuerthe Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) ii whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Certificates to Trustee. (a) Each Issuer The Issuers will deliver to the Trustee within 120 days after the end of each fiscal year of the Company Issuers a certificate from the principal executive, financial or accounting officer of such Issuer the Issuers stating that such officer has conducted or supervised a review of the activities of the Company Issuers and its their Restricted Subsidiaries and the Company's Issuers' and its their Restricted Subsidiaries' performance under this Indenture and that, based upon such review, to the best of such officers' knowledge, the Issuers have fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (determined without regard to any period of grace or requirement of notice provided in this Indenture), specifying each such default and the nature and status thereof. (b) Each Issuer The Issuers will deliver to the Trustee, as soon as possible and in any event within 30 days after such Issuer becomes the Issuers become aware or should reasonably become aware of the occurrence of an Event of Default or a Default, an Officers' Officer's Certificate setting forth the details of such Event of Default or Default, and the action which such Issuer proposes the Issuers propose to take or has taken with respect thereto. (c) Each Issuer The Issuers will deliver to the Trustee within 120 days after the end of each fiscal year of the Company Issuers a written statement by such Issuer's the Issuers' independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Certificates to Trustee. (a) Each Issuer The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company a certificate from the principal executive, financial or accounting officer of such Issuer the Company stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and the Company's and its Restricted Subsidiaries' performance under this Indenture and that, to the best of such officer's knowledge, based upon such review, to the best of such officers' knowledge, the Issuers have fulfilled all obligations there has been no Default that is continuing thereunder or, if there has been a default Default in the fulfillment of any such obligation (determined without regard to any period of grace or requirement of notice provided in this Indenture)obligation, specifying each such default Default and the nature and status thereof. (b) Each Issuer The Company will deliver to the Trustee, as soon as possible and in any event within 30 days after such Issuer becomes aware the occurrence thereof, written notice in the form of an Event of Default or a Default, an Officers' Certificate of any event which with the giving of notice and the lapse of time would become an Event of Default, setting forth the details status of such Event of Default event and what action the Company is taking or Default, and the action which such Issuer proposes to take or has taken with respect thereto. (c) Each Issuer The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by such Issuerthe Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default that is continuing has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.