Common use of Collateral Release Request and Certificate Clause in Contracts

Collateral Release Request and Certificate. The Borrower shall have delivered to the Administrative Agent (or the Collateral Agent), on or prior to the date that is five (5) Business Days (or such shorter period of time as agreed to by the Administrative Agent) before the date on which any Covenant Waiver Period Collateral Release is to be effected, written notice that it is requesting a Covenant Waiver Period Collateral Release, which notice shall identify the Covenant Waiver Period Collateral to be released and the proposed effective date for such Covenant Waiver Period Collateral Release, together with a certificate signed by an Authorized Officer of the Borrower (such certificate, a “Covenant Waiver Period Collateral Release Certificate”), certifying that: (i)(A) in the case of a request for a Covenant Waiver Period Collateral Release pursuant to Section 5.13(a)(i), the Borrower has been in compliance with the financial covenants set forth in Section 6.12 (without giving effect to the Permitted Variations) for two consecutive fiscal quarters and the Permitted Variations Period is no longer in effect, or (B) in the case of a request for a Covenant Waiver Period Collateral Release pursuant to Section 5.13(a)(ii), such transaction is permitted by and is being made in accordance with this Agreement and (ii) no Default or Event of Default has occurred and is continuing or would result therefrom.><

Collateral Release Request and Certificate. The Borrower shall have delivered to the Administrative Agent (or the Collateral Agent), on or prior to the date that is five (5) Business Days (or such shorter period of time as agreed to by the Administrative Agent) before the date on which any Covenant Waiver Period Collateral Release is to be effected, written notice that it is requesting a Covenant Waiver Period Collateral Release, which notice shall identify the Covenant Waiver Period Collateral to be released and the proposed effective date for such Covenant Waiver Period Collateral Release, together with a certificate signed by an Authorized Officer of the Borrower (such certificate, a “Covenant Waiver Period Collateral Release Certificate”), certifying that: (i)(A) in the case of a request for a Covenant Waiver Period Collateral Release pursuant to Section 5.13(a)(i), the Borrower has been in compliance with the financial covenants set forth in Section 6.12 (without giving effect to the Permitted Variations) for two consecutive fiscal quarters and the Permitted Variations Period is no longer in effect, or (B) in the case of a request for a Covenant Waiver Period Collateral Release pursuant to Section 5.13(a)(ii), such transaction is permitted by and is being made in accordance with this Agreement and (ii) no Default or Event of Default has occurred and is continuing or would result therefrom.>< SECTION 5.14. ><COVID-19 Programs><. Before participating in or applying to participate in any COVID 19-related government-sponsored relief program, the Borrower shall make a determination in good faith in consultation with counsel that it is eligible to participate in any such program, and shall take into consideration in making such determination all rules, regulations and FAQs related to such program.>

Collateral Release Request and Certificate. The Borrower shall have delivered to the Administrative Agent (or the Collateral Agent), on or prior to the date that is five (5) Business Days (or such shorter period of time as agreed to by the Administrative Agent) before the date on which any Covenant Waiver Period Collateral Release is to be effected, written notice that it is requesting a Covenant Waiver Period Collateral Release, which notice shall identify the Covenant Waiver Period Collateral to be released and the proposed effective date for such Covenant Waiver Period Collateral Release, together with a certificate signed by an Authorized Officer of the Borrower (such certificate, a “Covenant Waiver Period Collateral Release Certificate”), certifying that: (i)(A) in the case of a request for a Covenant Waiver Period Collateral Release pursuant to Section 5.13(a)(i), the Borrower has been in compliance with the financial covenants set forth in Section 6.12 (without giving effect to the Permitted Variations) for two consecutive fiscal quarters and the Permitted Variations Period is no longer in effect, or (B) in the case of a request for a Covenant Waiver Period Collateral Release pursuant to Section 5.13(a)(ii), such transaction is permitted by and is being made in accordance with this Agreement and (ii) no Default or Event of Default has occurred and is continuing or would result therefrom.>< SECTION 5.14. ><COVID-19 Programs><. Before participating in or applying to participate in any COVID 19-related government-sponsored relief program, the Borrower shall make a determination in good faith in consultation with counsel that it is eligible to participate in any such program, and shall take into consideration in making such determination all rules, regulations and FAQs related to such program>

Collateral Release Request and Certificate. The Borrower shall have delivered to the Administrative Agent (or the Collateral Agent), on or prior to the date that is five (5) Business Days (or such shorter period of time as agreed to by the Administrative Agent) before the date on which any Covenant Waiver Period Collateral Release is to be effected, written notice that it is requesting a Covenant Waiver Period Collateral Release, which notice shall identify the Covenant Waiver Period Collateral to be released and the proposed effective date for such Covenant Waiver Period Collateral Release, together with a certificate signed by an Authorized Officer of the Borrower (such certificate, a “Covenant Waiver Period Collateral Release Certificate”), certifying that: (i)(A) in the case of a request for a Covenant Waiver Period Collateral Release pursuant to Section 5.13(a)(i5.12(d)(i), the Borrower has been in compliance with the financial covenants set forth in Section 6.12 (without giving effect to the Permitted Variations) 6.11 for two consecutive fiscal quarters and the Permitted Variations Period is no longer in effectwithout giving effect to Section 6.11(k), or (B) in the case of a request for a Covenant Waiver Period Collateral Release pursuant to Section 5.13(a)(ii5.12(d)(ii), such transaction is permitted by and is being made in accordance with this Agreement and (ii) no Default or Event of Default has occurred and is continuing or would result therefrom.><