Company's Closing Certificate. Concurrently with the delivery of Notes to Purchaser on the Closing Date, Purchaser and XXXXXXXXXX shall have received a certificate of Company signed by an Executive Officer of Company in substantially the form of Exhibit 4.1 hereto, to the effect that, among other things, (a) the representations and warranties contained in Section 3.1 and the other Note Documents are true on and as of the Closing Date and (b) no Default or Event of Default exists on and as of the Closing Date.
Appears in 1 contract
Samples: Note Purchase Agreement (Kmart Corp)
Company's Closing Certificate. Concurrently with the delivery of Notes to Purchaser you on the Closing Date, Purchaser and XXXXXXXXXX you shall have received a certificate of Company signed by an Executive Officer of the Company in substantially the form of Exhibit 4.1 hereto, to the effect that, among other things, (a) that the representations and warranties of the Company contained in Section Sections 3.1 and the other Note Documents 9.3 are true on and as of the Closing Date and (b) Date, that no Default or Event of Default exists has occurred and is continuing and that the Company has complied with the Note Purchase Agreement and satisfied all the conditions on and as of its part to be performed or satisfied at or prior to the Closing Date.
Appears in 1 contract
Samples: Note Purchase Agreement (National Auto Finance Co Inc)
Company's Closing Certificate. Concurrently with the delivery of Notes to Purchaser on the Closing Date, Purchaser and XXXXXXXXXX shall have received a certificate of the Company signed by an Executive Officer of the Company in substantially the form of Exhibit 4.1 C hereto, to the effect that, among other things, (a) the representations and warranties contained in Section 3.1 and the other Note Documents are true on and as of the Closing Date and (b) no Default or Event of Default exists on and as of the Closing Date.
Appears in 1 contract
Samples: Note Purchase Agreement (Kmart Corp)
Company's Closing Certificate. Concurrently with the delivery of Notes to Purchaser on the Closing Date, Purchaser and XXXXXXXXXX shall have received a certificate of the Company signed by an Executive Officer of the Company in substantially the form of Exhibit 4.1 hereto4.1, to the effect that, among other things, (a) the representations and warranties contained in Section 3.1 and the other Note Documents are true on and as of the Closing Date and (b) no Default or Event of Default exists on and as of the Closing Date.
Appears in 1 contract
Samples: Note Purchase Agreement (Kmart Corp)
Company's Closing Certificate. Concurrently with the delivery of Notes to Purchaser on the Closing Date, Purchaser and XXXXXXXXXX shall have received a certificate of the Company signed by an Executive Officer of the Company in substantially the form of Exhibit 4.1 hereto4.1, to the effect that, among other things, (a) the 10 14 representations and warranties contained in Section 3.1 and the other Note Documents are true on and as of the Closing Date and (b) no Default or Event of Default exists on and as of the Closing Date.
Appears in 1 contract
Samples: Note Purchase Agreement (Kmart Corp)