Common use of Company Statement as to Compliance; Notice of Certain Defaults Clause in Contracts

Company Statement as to Compliance; Notice of Certain Defaults. (1) The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year (which fiscal year shall end on December 31, unless the Company otherwise notifies the Trustee in writing), a written statement (which need not be contained in or accompanied by an Officers’ Certificate) signed by an Officer that is the principal executive officer, the principal financial officer or the principal accounting officer of the Company, stating that (a) a review of the activities of the Company during such year and of its performance under this Indenture has been made under his or her supervision, and (b) to the best of his or her knowledge, based on such review, (a) the Company has complied with all the conditions and covenants imposed on it under this Indenture throughout such year, or, if there has been a default in the fulfillment of any such condition or covenant, specifying each such default known to him or her and the nature and status thereof, and (b) no event has occurred and is continuing which is, or after notice or lapse of time or both would become, an Event of Default, or, if such an event has occurred and is continuing, specifying each such event known to him and the nature and status thereof. (2) The Company shall deliver to the Trustee, within five days after the occurrence thereof, written notice of any Event of Default or any event which after notice or lapse of time or both would become an Event of Default pursuant to clause (c) of Section 5.1. (3) The Trustee shall have no duty to monitor the Company’s compliance with the covenants contained in this Article Three other than to require delivery of the certificate specifically set forth in this Section 3.9.

Appears in 3 contracts

Samples: Senior Indenture (Markel Corp), Senior Indenture (ALTERRA CAPITAL HOLDINGS LTD), Subordinated Indenture (Alterra Finance LLC)

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Company Statement as to Compliance; Notice of Certain Defaults. (1) The If any Securities are Outstanding under this Indenture, the Company shall deliver to the Trustee, within 120 days after the end of each fiscal year (which fiscal year shall end on December 31, unless the Company otherwise notifies the Trustee in writing)year, a written statement (which need not be contained in or accompanied by an Officers’ Certificate) signed by an Officer that is the principal executive officer, the principal financial officer or officer, the principal accounting officer or other officer authorized by the Board of Directors of the Company, stating that (a) a review of the activities of the Company during such year and of its performance under this Indenture has been made under his or her supervision, and (b) to the best of his or her knowledge, based on such review, (a) the Company has complied with all the conditions and covenants imposed on it under this Indenture throughout such year, or, if there has been a default in the fulfillment of any such condition or covenant, specifying each such default known to him or her and the nature and status thereof, and (b) no event has occurred and is continuing which is, or after notice or lapse of time or both would become, an Event of Default, or, if such an event has occurred and is continuing, specifying each such event known to him or her and the nature and status thereof. (2) The Company shall deliver to the Trustee, within five 10 days after the occurrence thereof, written notice of any Event of Default or any event which after notice or lapse of time or both would become an Event of Default pursuant to clause (c5) of Section 5.1. (3) The Trustee shall have no duty to monitor the Company’s compliance with the covenants contained in this Article Three Indenture to other than to require delivery of if the certificate specifically set forth Trustee receives a written notice described in this Section 3.910.7(2).

Appears in 2 contracts

Samples: Indenture (Radisys Corp), Indenture (Radisys Corp)

Company Statement as to Compliance; Notice of Certain Defaults. (1) The Company and the Guarantor shall deliver to the Trustee, within 120 days after the end of each fiscal year (which fiscal year shall end on December 31, unless the Company otherwise notifies the Trustee in writing)year, a written statement (which need not be contained in or accompanied by an Officers’ Certificate) signed by an Officer that is the principal executive officer, the principal financial officer or the principal accounting officer of the CompanyCompany and the Guarantor, stating that: (a) a review of the activities of the Company or the Guarantor, as applicable, during such year and of its performance under this Indenture has been made under his or her supervision, ; and (b) to the best of his or her knowledge, based on such review, (ai) the Company or the Guarantor, as applicable, has complied with all the conditions and covenants imposed on it under this Indenture throughout such year, or, if there has been a default in the fulfillment of any such condition or covenantcovenant or agreement, specifying each such default known to him or her and the nature and status thereof, and (bii) no event has occurred and is continuing which is, or after notice or lapse of time or both would become, an Event of Default, or, if such an event has occurred and is continuing, specifying each such event known to him and the nature and status thereof. (2) The Company and the Guarantor shall deliver to the Trustee, within five days after the occurrence thereof, written notice of any Event of Default or any event which after notice or lapse of time or both would become an Event of Default pursuant to clause (c3) of Section 5.1. (3) . The Trustee shall have no duty to monitor the Company’s or the Guarantor’s compliance with the covenants contained in this Article Three 3 other than to require delivery of the certificate as specifically set forth in this Section 3.9.

Appears in 1 contract

Samples: Indenture (CIT Group Funding CO of Canada)

Company Statement as to Compliance; Notice of Certain Defaults. (1) The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year (which fiscal year shall end on December 31, unless the Company otherwise notifies the Trustee in writing), a written statement (which need not be contained in or accompanied by an Officers’ Certificate) signed by an Officer that is the principal executive officer, the principal financial officer or the principal accounting officer of the Company, stating that (a) a review of the activities of the Company during such year and of its performance under this Indenture has been made under his or her supervision, and (b) to the best of his or her knowledge, based on such review, (a) the Company has complied with all the conditions and covenants imposed on it under this Indenture throughout such year, or, if there has been a default in the fulfillment of any such condition or covenant, specifying each such default known to him or her and the nature and status thereof, and (b) no event has occurred and is continuing which is, or after notice or lapse of time or both would become, an Event of Default, or, if such an event has occurred and is continuing, specifying each such event known to him and the nature and status thereof. (2) The Company shall deliver to the Trustee, within five days after the occurrence thereof, written notice of any Event of Default or any event which after notice or lapse of time or both would become an Event of Default pursuant to clause (c) of Section 5.1. (3) The Trustee shall have no duty to monitor the Company’s compliance with the covenants contained in this Article Three other than to require delivery of the certificate specifically set forth in this Section 3.93.8.

Appears in 1 contract

Samples: Senior Indenture (Alterra Finance LLC)

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Company Statement as to Compliance; Notice of Certain Defaults. (1) The Company and the Guarantor shall deliver to the Trustee, within 120 days after the end of each fiscal year (which fiscal year shall end on December 31, unless the Company otherwise notifies the Trustee in writing)year, a written statement (which need not be contained in or accompanied by an Officers’ Certificate) signed by an Officer that is the principal executive officer, the principal financial officer or the principal accounting officer of the CompanyCompany and the Guarantor, stating that: (a) a review of the activities of the Company or the Guarantor, as applicable, during such year and of its performance under this Indenture has been made under his or her supervision, ; and (b) to the best of his or her knowledge, based on such review, (ai) the Company or the Guarantor, as applicable, has complied with all the conditions and covenants imposed on it under this Indenture throughout such year, or, if there has been a default in the fulfillment of any such condition or covenantcovenant or agreement, specifying each such default known to him or her and the nature and status thereof, and (bii) no event has occurred and is continuing which is, or after notice or lapse of time or both would become, an Event of Default, or, if such an event has occurred and is continuing, specifying each such event known to him and the nature and status thereof. (2) The Company and the Guarantor shall deliver to the Trustee, within five days after the occurrence thereof, written notice of any Event of Default or any event which after notice or lapse of time or both would become an Event of Default pursuant to clause (c3) of Section 5.1. (3) . The Trustee shall have no duty to monitor the Company’s or the Guarantor’s compliance with the covenants contained in this Article Three 3 other than to require delivery of the certificate as specifically set forth in this Section 3.93.8.

Appears in 1 contract

Samples: Indenture (Cit Group Inc)

Company Statement as to Compliance; Notice of Certain Defaults. (1) The Company and the Guarantor shall deliver to the Trustee, within 120 days after the end of each fiscal year (which fiscal year shall end on December 31, unless the Company otherwise notifies the Trustee in writing)year, a written statement (which need not be contained in or accompanied by an Officers' Certificate) signed by an Officer that is the principal executive officer, the principal financial officer or the principal accounting officer of the CompanyCompany and the Guarantor, stating that: (a) a review of the activities of the Company or the Guarantor, as applicable, during such year and of its performance under this Indenture has been made under his or her supervision, ; and (b) to the best of his or her knowledge, based on such review, (ai) the Company or the Guarantor, as applicable, has complied with all the conditions and covenants imposed on it under this Indenture throughout such year, or, if there has been a default in the fulfillment of any such condition or covenantcovenant or agreement, specifying each such default known to him or her and the nature and status thereof, and (bii) no event has occurred and is continuing which is, or after notice or lapse of time or both would become, an Event of Default, or, if such an event has occurred and is continuing, specifying each such event known to him and the nature and status thereof. (2) The Company and the Guarantor shall deliver to the Trustee, within five days after the occurrence thereof, written notice of any Event of Default or any event which after notice or lapse of time or both would become an Event of Default pursuant to clause (c3) of Section 5.1. (3) . The Trustee shall have no duty to monitor the Company’s 's or the Guarantor's compliance with the covenants contained in this Article Three 3 other than to require delivery of the certificate as specifically set forth in this Section 3.9.

Appears in 1 contract

Samples: Indenture (Cit Group Inc)

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