Closing Conditions Certificate. The Administrative Agent shall have received a certificate, dated the Transaction Confirmation Date and signed by a Responsible Officer of the Borrower, confirming compliance with the financial covenant set forth in Section 5.10 (giving pro forma effect to the Transactions and based on the unaudited consolidated balance sheet of the Borrower for the Fiscal Quarter ended June 30, 2008), and with the conditions set forth in Section 4.1(r) and (u).
Appears in 2 contracts
Samples: Bridge Credit Agreement (Teck Cominco LTD), Term Credit Agreement (Teck Cominco LTD)
Closing Conditions Certificate. The Administrative Agent Agents shall have received a certificate, dated the Transaction Confirmation Restatement Effective Date and signed by a Responsible Officer of the each Borrower, confirming compliance with the financial covenant covenants set forth out in Section 5.10 (giving pro forma effect to the Transactions and based on the unaudited consolidated balance sheet of the Borrower for the Fiscal Quarter ended June 30, 2008), 5.11 and with the conditions set forth out in Section 4.1(r4.2(a) and (ub).
Appears in 1 contract
Samples: Senior Facilities Credit Agreement (Tim Hortons Inc.)
Closing Conditions Certificate. The Administrative Agent shall have received a certificate, dated the Transaction Confirmation Closing Date and signed by a Responsible Officer of the Borrower, confirming compliance with the financial covenant covenants set forth out in Section 5.10 (giving pro forma effect to without the Transactions and based on the unaudited consolidated balance sheet inclusion of the Borrower for the Fiscal Quarter ended June 30, 2008), any calculation thereof in such certificate) and with the conditions set forth out in Section 4.1(r4.2(a) and (ub).
Appears in 1 contract
Samples: Supplemental Senior Revolving Facility Credit Agreement (Tim Hortons Inc.)
Closing Conditions Certificate. The Administrative Agent Agents shall have received a certificate, dated the Transaction Confirmation Effective Date and signed by a Responsible Officer of the each Borrower, confirming compliance with the financial covenant covenants set forth out in Section 5.10 (giving pro forma effect to the Transactions and based on the unaudited consolidated balance sheet of the Borrower for the Fiscal Quarter ended June 30, 2008), 5.11 and with the conditions set forth out in Section 4.1(r4.2(a) and (ub). In addition, the U.S. Borrower shall have delivered to the Administrative Agents a certificate confirming the ratio of Adjusted Consolidated Total Debt/Consolidated EBITDA as at the last day of the most recently completed Rolling Period, adjusted to give effect to the transactions occurring on the Closing Date.
Appears in 1 contract
Samples: Senior Facilities Credit Agreement (Tim Hortons Inc.)