Closing Compliance Certificate. The Lenders shall have received a certificate by a Responsible Officer of Holdings demonstrating (i) pro forma compliance with the financial covenant in Section 6.1 (including supporting calculations), (ii) that Holdings and its Subsidiaries have unrestricted cash on their balance sheet as of the Closing Date in an aggregate amount of not less than $17,500,000.
Closing Compliance Certificate. The Borrower shall have provided to the Administrative Agent a Closing Compliance Certificate (the “Closing Compliance Certificate”) set forth as Exhibit F hereto or in such other form reasonably acceptable to the Administrative Agent.
Closing Compliance Certificate. The Administrative agent shall have received a certificate of Dura demonstrating in reasonable detail that (i) this Agreement, the other Loan Documents and the Obligations are permitted under the Indenture dated as of April 18, 2002 (the "2002 Senior Indenture"), under which the Senior Unsecured Notes are issued and the Indenture dated as of April 22, 1999 (the "1999 Subordinated Indenture") under which Dura's 9% Senior Subordinated Notes due 2009 are issued and (ii) the Obligations (assuming full utilization of the Revolving Commitments) constitute "Senior Debt" under the 1999 Subordinated Indenture.
Closing Compliance Certificate. The Agent shall have received a certificate signed by the chief financial officer of the Borrower (i) containing conclusions that the Borrower and its Subsidiaries are Solvent before and after giving effect to the Transactions and the Redemption Transactions and that Closing EBITDA equals at least $100,000,000 and (ii) setting forth the calculations required to establish the Leverage Ratio calculated as of the end of the Retail Period of the Borrower ending October 6, 2003.
Closing Compliance Certificate. A certificate of the Borrower ------------------------------ evidencing the Borrower is in compliance with the provisions of this Agreement, including on a pro forma basis with the provisions of Section ------- 7.6. ---
Closing Compliance Certificate. The Agent shall have received a certificate signed by the chief financial officer of the Borrower (i) containing conclusions that the Borrower and its Subsidiaries are Solvent before and after giving effect to the Transactions and that Closing EBITDA equals at least $117,500,000, (ii) containing conclusions that the Leverage Ratio, calculated as of the end of the Retail Period of the Borrower ending April 19, 2004, does not exceed 3.60 and setting forth the calculations required to establish such Leverage Ratio and (iii) containing conclusions that the Adjusted Leverage Ratio, calculated as of the end of the Retail Period of the Borrower ending April 19, 2004, does not exceed 5.0 and setting forth the calculations required to establish such Adjusted Leverage Ratio.
Closing Compliance Certificate. At the Closing, the Warrantors shall deliver to the Investor a closing compliance certificate, executed and delivered by each of the Warrantors and dated as of the Closing Date, certifying that the conditions precedent to the Closing specified in this Section 5.1 (other than subsection 5.7 below) have been fulfilled and attaching thereto (a) the Articles of Incorporation as then in effect, and (b) copies of all resolutions approved by the relevant Group Companies’ shareholders and the board of the directors related to the transactions contemplated hereby.
Closing Compliance Certificate. The Administrative Agent shall have received a certificate of the U.S. Borrower demonstrating that (i) the Agreement, the other Loan Documents and the Obligations are permitted under the 2002 Senior Indenture and the 1999 Subordinated Indenture and (ii) the Obligations (assuming full utilization of the Revolving Commitments) constitute "Senior Debt" under the 1999 Subordinated Indenture.
Closing Compliance Certificate. A certificate of the Parent ------------------------------ evidencing that after giving effect to the initial Loans and Letters of Credit, the Parent and the Borrowers shall be in compliance with the provisions of this Agreement, including on a pro forma basis with the provisions of Section 7.6. -----------
Closing Compliance Certificate. The Agent shall have received a certificate of the chief financial officer of the Borrower setting forth the calculations required to establish the Leverage Ratio calculated as of the end of the fiscal quarter of the Borrower ending November 2, 1998 (the "Closing Compliance Certificate").
