Certification as to Covenants Sample Clauses

Certification as to Covenants. Agent shall have received a certification by the Company, individually and as general partner of Borrower together, with other evidence satisfactory to Agent that, as of the Closing Date, the financial covenants set forth in Section 5.13, 5.14, 5.15 and 5.16 are satisfied and that, as of the Closing Date and after giving effect to the Transaction to be consummated thereon, there is no Default or Event of Default hereunder.
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Certification as to Covenants. Agent shall have received a certification by the Company, individually and as general partner of Borrower together, with other evidence satisfactory to Agent that, as of the Fourth Amendment Closing Date, the financial covenants set forth in the Agreement are satisfied and that, as of the Fourth Amendment Closing Date, there is no Default or Event of Default under the Agreement.
Sample 1
Certification as to Covenants. The Syndication Agent shall have received a certificate of the REIT and for itself and as general partner of Borrower together with other evidence satisfactory to Agent and all of the Co-Lenders that, as of the Closing Date and after giving effect to the Loan to be consummated thereon, there is no Default or Event of Default hereunder.
Sample 1
Certification as to Covenants. Lender shall have received a certificate of the general partner of Borrower or senior executive officer of Borrower and the REIT together with other evidence reasonably satisfactory to Lender (which shall include the comfort letter or audit described in Section 5.1(b)(iii) with respect to the Net Operating Income of each Real Property Asset and the calculation of financial covenants) that, as of the Closing Date, the Available Borrowing Base Covenant and the Loan to Value Ratio Covenant are satisfied for each Pool and that, as of the Closing Date and after giving effect to the Transaction to be consummated thereon, the financial covenants will be met, and there is no Default or Event of Default hereunder.
Sample 1
Certification as to Covenants. Lender shall have received a certificate of the general partner of Borrower or senior executive officer of Borrower and the REIT together with other evidence reasonably satisfactory to Lender (which shall include the comfort letter or audit described in Section 5.1(b)(iii) with respect to the Property Net Cash Flow of each Real Property Asset and the calculation of financial covenants) that, as of the Closing Date, and after giving effect to the Transaction to be consummated thereon, the financial covenants will be met, and there is no Default or Event of Default hereunder.
Sample 1
Certification as to Covenants. Agent shall have received a ----------------------------- certificate of a Responsible Officer of the REIT on behalf of the REIT and Borrower together with other evidence reasonably satisfactory to Agent and all of the Co-Lenders that, as of the Closing Date, the Financial Covenants are complied with and, to the best of its knowledge, there is no Default or Event of Default hereunder.
Sample 1
Certification as to Covenants. The Syndication Agent shall ----------------------------- have received a certificate of a Responsible Officer of the REIT on behalf of the REIT and Borrower and as general partner of Borrower, together with other evidence reasonably satisfactory to the Syndication Agent and all of the Co- Lenders (which shall include the Financial Covenant calculations) that, as of the Closing Date, the Financial Covenants are satisfied and that, as of the Closing Date and after giving effect to the Transaction to be consummated thereon, to the best of its knowledge, there is no Default or Event of Default hereunder.
Sample 1
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Related to Certification as to Covenants

  • REPRESENTATIONS BY AND COVENANTS OF THE COMPANY The Company hereby represents and warrants to the Subscriber that:

  • Representations, Warranties and Covenants of the Servicer The Servicer hereby represents, warrants and covenants to the Trustee, for the benefit of each of the Trustee and the Certificateholders and to the Depositor that as of the Closing Date or as of such date specifically provided herein:

  • Representations, Warranties and Covenants of the Special Servicer (a) The Special Servicer hereby represents and warrants to, and covenants with, the Trustee, for its own benefit and the benefit of the Certificateholders and the Serviced Companion Loan Holders, and to and with the Depositor, the Master Servicer, the Operating Advisor, the Asset Representations Reviewer and the Certificate Administrator, as of the Closing Date, that:

  • Representations, Warranties and Covenants of Investor Investor hereby represents and warrants to and agrees with the Company as follows:

  • Representations and Covenants of the Trust A. The Trust hereby represents and warrants to the Distributor, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that:

  • Representations as to Foreign Obligors Each of the Company and each Foreign Obligor represents and warrants to the Administrative Agent and the Lenders that:

  • Certain Representations and Covenants Each Member and its Permitted Transferee represents and covenants to the Company and the other Members as follows:

  • Representations, Warranties and Covenants of Holder Holder hereby represents, warrants and covenants to Parent that Holder (i) is the beneficial owner of the Shares, which, at the date of this Agreement and at all times up until the earlier to occur of (A) the Effective Time and (B) the Expiration Date, will be free and clear of any liens, claims, options, charges or other encumbrances (other than those created by this Agreement) and (ii) as of the date hereof does not own of record or beneficially any shares of outstanding capital stock of the Company other than the Shares (excluding shares as to which Holder currently disclaims beneficial ownership in accordance with applicable law). Holder has the legal capacity, power and authority to enter into and perform all of Holder’s obligations under this Agreement. This Agreement has been duly and validly executed and delivered by Holder and constitutes a valid and binding agreement of Holder, enforceable against Holder in accordance with its terms, subject to (a) laws of general application relating to bankruptcy, insolvency and the relief of debtors and (b) rules of law governing specific performance, injunctive relief and other equitable remedies.

  • Representations, Warranties and Covenants of the Sponsor Ally Bank, in its capacity as the Sponsor (the “Sponsor”) represents and warrants to, and agrees with, the Underwriters that the Sponsor or the Depositor has provided a written representation (the “17g-5 Representation”) to each Rating Agency, which satisfies the requirements of paragraph (a)(3)(iii) of Rule 17g-5 of the Exchange Act. Each of the Depositor and the Sponsor has complied, and will comply, with the 17g-5 Representation other than any breach of the 17g-5 Representation (a) that would not have a material adverse effect on the Offered Notes or (b) arising from a breach by any of the Underwriters of the representation, warranty and covenant set forth in Section 5(g).

  • Representations, Warranties and Covenants of the Trust The Trust represents, warrants and covenants that:

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