Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act.
Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. HORIZON OFFSHORE, INC. By: /s/ RXXXXX X. XXXXX Name: RXXXXX X. XXXXX Title: VICE PRESIDENT, TREASURER AND CFO HORIZON OFFSHORE CONTRACTORS, INC. By: /s/ RXXXXX X. XXXXX Name: RXXXXX X. XXXXX Title: VICE PRESIDENT, TREASURER AND CFO HOC OFFSHORE, S. DE R.X. DE C.V. By: /s/ RXXXXX X. XXXXX Name: RXXXXX X. XXXXX Title: TREASURER HORIZON MARINE CONSTRUCTION LTD. By: /s/ RXXXXX X. XXXXX Name: RXXXXX X. XXXXX Title: VICE PRESIDENT AND TREASURER HORIZON MARINE CONTRACTORS (MALAYSIA) SDN BHD By: /s/ RXXXXX X. XXXXX Name: RXXXXX X. XXXXX Title: DIRECTOR PT HORIZON OFFSHORE INDONESIA By: /s/ RXXXXX X. XXXXX Name: RXXXXX X. XXXXX Title: COMMISSIONER HORIZON MARINE CONSTRUCTION (MAURITIUS) LTD. By: /s/ RXXXXX X. XXXXX Name: RXXXXX X. XXXXX Title: DIRECTOR PNC BANK, NATIONAL ASSOCIATION, as Lender and as Agent By: /s/ RXX XXXXXX Name: RXX XXXXXX Title: VICE PRESIDENT Commitment Percentage: 100% STATE OF ) ) ss. COUNTY OF ) On this ___day of _, 2006, before me personally came , to me known, who, being by me duly sworn, did depose and say that s/he is the of PNC BANK, NATIONAL ASSOCIATION, and that s/he was authorized to sign her/his name thereto. Notary Public STATE OF TEXAS ) ) ss. COUNTY OF DALLAS ) On this 28th day of April, 2006, before me personally came Rxxxxx X. Xxxxx, to me known, who, being by me duly sworn, did depose and say that he is the of HORIZON OFFSHORE, INC., a Delaware corporation, described in and which executed the foregoing instrument; and that s/he signed her/his nam...
Certifications From Banks and Participants; US PATRIOT Act. (a) Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA Patriot Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA Patriot Act and the applicable regulations: (1) within ten (10) days after the Restatement Effective Date, and (2) as such other times as are required under the USA Patriot Act.
(b) The USA Patriot Act requires all financial institutions to obtain, verify and record certain information that identifies individuals or business entities which open an “account” with such financial institution. Consequently, Lender may from time to time request, and each Loan Party shall provide to Lender, such Loan Party’s name, address, tax identification number and/or such other identifying information as shall be necessary for Lender to comply with the USA PATRIOT Act and any other Anti-Terrorism Law.
Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act. Each of the parties has signed this Agreement as of the day and year first above written. RESEARCH PHARMACEUTICALS, INC. By /s/ Sxxxxx Xxxx Name: Sxxxxx Xxxx Title: CFO PNC BANK, NATIONAL ASSOCIATION, as Lender and as Agent By: /s/ Cxxxx X. Xxxxxx Name: Cxxxx X. Xxxxxx Title: V/P Commitment Percentage: 100% To induce PNC Bank, National Association (“Agent”) to make a loan advance pursuant to the Revolving Credit, Term Loan and Security Agreement dated as of as well as amendments between the undersigned and Lender, we hereby certify as of the above date, the following: [1] Previous Certificate Billed AR Balance as of: 9/30/2006 > $ 19,146,168.70
a.) Add : Gross Sales since last Certificate through 1,216,035.35
b.) Less : Collections since last Certificate through (–) 7,586,085.05
c.) Less : Credits since last Certificate through (–) 307,223.87 [2] Total Billed AR now being certified to Bank as of: 10/19/2006 > 12,468,895.13
a.) Less : Total Unqualified AR per monthly Aging dated 5,059,152.35 [3] Net Amount of Qualified AR ( [2] – d ) > 7,409,742.78 [4] Total Loan value of Billed AR@ 85% of [3] > 6,298,281.36 [5] Previous Certificate Unbilled AR Balance as of: 10/19/2006 >
a.) Add : Additional unbilled since last Certificate through 5,360,922.00
b.) Less : Unbilled subsequently billed since last Certificate through
Certifications From Banks and Participants; US PATRIOT Act. (a) Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within ten (10) days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act.
(b) The USA PATRIOT Act requires all financial institutions to obtain, verify and record certain information that identifies individuals or business entities which open an “account” with such financial institution. Consequently, Lender may from time to time request, and each Credit Party shall provide to Lender, such Credit Party’s name, address, tax identification number and/or such other identifying information as shall be necessary for Lender to comply with the USA PATRIOT Act and any other Anti-Terrorism Law.
Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA Patriot Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to the Agent the certification, or, if applicable, recertification, certifying that such Lender is not a "shell" and certifying to other matters as required by Section 313 of the USA Patriot Act and the applicable regulations: (1) within ten (10) days after the Closing Date, and (2) as such other times as are required under the USA Patriot Act. [REMAINDER OF PAGE INTENTIONALLY BLANK; SIGNATURE PAGES FOLLOW.]
Certifications From Banks and Participants; US PATRIOT Act. Brascan or any assignee of it that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Brascan the certification, or, if applicable, recertification, certifying that Brascan is not a “shell” and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act.
Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA Patriot Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States of America or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Collateral Agent the certification, or, if applicable, recertification, certifying that such Lender is not a "shell" and certifying to other matters as required by Section 313 of the USA Patriot Act and the applicable regulations: (1) within ten (10) days after the Closing Date, and (2) as such other times as are required under the USA Patriot Act.
Certifications From Banks and Participants; US PATRIOT Act. Each Lender or assignee or participant of a Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the
Certifications From Banks and Participants; US PATRIOT Act. Any assignee or participant of Term B Lender that is not incorporated under the Laws of the United States of America or a state thereof (and is not excepted from the certification requirement contained in Section 313 of the USA PATRIOT Act and the applicable regulations because it is both (i) an affiliate of a depository institution or foreign bank that maintains a physical presence in the United States or foreign country, and (ii) subject to supervision by a banking authority regulating such affiliated depository institution or foreign bank) shall deliver to Term B Lender the certification, or, if applicable, recertification, certifying that such assignee or participant of Term B Lender is not a "shell" and certifying to other matters as required by Section 313 of the USA PATRIOT Act and the applicable regulations: (1) within 10 days after the Closing Date, and (2) as such other times as are required under the USA PATRIOT Act.
