Common use of Compliance Certificate; Notice of Default Clause in Contracts

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, complying with Section 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 7 contracts

Samples: Tia Indenture (Sun Healthcare Group Inc), Tia Indenture (Wichita Manufacturing Inc), Tia Indenture (Sun Healthcare Group Inc)

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Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, ’ Certificate (one of the signers signatories of which shall be the Company’s principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, officer) complying with Section 314(a)(4) of the TIA Trust Indenture Act and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (all without regard to periods of grace, which shall be deemed fulfilled unless and until the expiration of such periods or notice requirements or grace periodsrequirements) and further stating, as to each such Officer officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 7 contracts

Samples: Indenture (Wesbanco Inc), Universal Stainless & Alloy Products Inc, Indenture (United States Steel Corp)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, Certificate (one of the signers signatories of which shall be the Company's principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, officer) complying with Section 314(a)(4) of the TIA Trust Indenture Act and stating that a review of its activities and the activities of its Subsidiaries, if any, Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (all without regard to periods of grace, which shall be deemed fulfilled unless and until the expiration of such periods) or notice requirements or grace periodsrequirements) and further stating, as to each such Officer officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor Company or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 6 contracts

Samples: Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD), Indenture (Jefferies Group Inc /De/)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, Officer's Certificate complying with Section 314(a)(4) of the TIA Trust Indenture Act and stating that a review of its activities and the activities of its Subsidiaries, if any, Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (all without regard to periods of grace, which shall be deemed fulfilled unless and until the expiration of such periods, or notice requirements or grace periodsrequirements) and further stating, as to each such Officer officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor Company or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Officer's Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 4 contracts

Samples: Indenture (Top Tankers Inc.), Indenture (Intermagnetics General Corp), Intermagnetics General Corp

Compliance Certificate; Notice of Default. (a) The Company Issuers shall deliver to the Trustee within 120 days after the end of its their fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the CompanyIssuers, complying (whether or not required) with Section 314(a)(4) of the TIA and stating that a review of its their activities and the activities of its Subsidiaries, if any, their Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has Issuers have kept, observed, performed and fulfilled its their obligations under this Indenture (without regard to notice requirements or grace periods) under this Indenture and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the CompanyIssuers, any Guarantor or any Subsidiary of the Company Issuers or any Guarantor to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 3 contracts

Samples: Indenture (Sun International Hotels LTD), Indenture (Sun International North America Inc), Indenture (Venture Service Co)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its each fiscal year of the Company an Officers' Certificate, one of the signers of which shall be the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, complying with Section TIA § 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee in writing should the relevant fiscal year end on any date other than the current fiscal year end date. The Officer’s Certificate need not comply with Section 12.6 hereof.

Appears in 3 contracts

Samples: Indenture (Mohawk Industries Inc), Indenture (Sally Beauty Holdings, Inc.), Indenture (Mohawk Industries Inc)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, ’ Certificate (one of the signers signatories of which shall be the Company’s principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, officer) complying with Section 314(a)(4) of the TIA Trust Indenture Act and stating that a review of its activities and the activities of its Subsidiaries, if any, Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (all without regard to periods of grace, which shall be deemed fulfilled unless and until the expiration of such periods) or notice requirements or grace periodsrequirements) and further stating, as to each such Officer officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor Company or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 3 contracts

Samples: Indenture (Jefferies Group Capital Finance Inc.), Indenture (Primus Guaranty LTD), Jefferies Group LLC

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 90 days after the end of its fiscal year an Officers' Certificate, Certificate one of the signers signors of which shall be the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, Company complying with Section 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture (determined without regard to any period of grace or requirement of notice) and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 2 contracts

Samples: Indenture (Mueller Industries Inc), Indenture (Mueller Industries Inc)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, Certificate (one of the signers signatories of which shall be the Company's principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, officer) complying with Section 314(a)(4) of the TIA Trust Indenture Act and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (all without regard to periods of grace, which shall be deemed fulfilled unless and until the expiration of such periods or notice requirements or grace periodsrequirements) and further stating, as to each such Officer officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 2 contracts

Samples: Indenture (PPG Industries Inc), Indenture (PPG Industries Inc)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, complying with Section TIA § 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 2 contracts

Samples: Indenture (Cross Equipment Company, Inc.), Cross Equipment Company, Inc.

Compliance Certificate; Notice of Default. (a1) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, ’ Certificate (one of the signers signatories of which shall be the Company’s principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, officer) complying with Section 314(a)(4) of the TIA Trust Indenture Act and stating that a review of its activities and the activities of its Subsidiaries, if any, Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (all without regard to periods of grace, which shall be deemed fulfilled unless and until the expiration of such periods) or notice requirements or grace periodsrequirements) and further stating, as to each such Officer officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor Company or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 2 contracts

Samples: Jefferies Group Inc /De/, Jefferies Group Inc /De/

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its each fiscal year of the Company an Officers' Certificate, one of the signers of which shall be the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, complying with Section TIA § 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee in writing should the relevant fiscal year end on any date other than the current fiscal year end date. The Officer’s Certificate to be provided under this Section 6.4 need not comply with Section 13.6 hereof.

Appears in 2 contracts

Samples: Mohawk Capital Luxembourg SA, Mohawk Capital Luxembourg SA

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its each fiscal year of the Company an Officers' Certificate, one of the signers of which shall be the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, complying with Section TIA § 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee in writing should the relevant fiscal year end on any date other than the current fiscal year end date. The Officers’ Certificate need not comply with Section 13.6 hereof.

Appears in 2 contracts

Samples: Indenture (Sally Investment Holdings LLC), Sally Investment Holdings LLC

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, complying with Section TIA 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 2 contracts

Samples: Radiologix Inc, Radiologix Inc

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its each fiscal year of the Company an Officers' Certificate, one of the signers of which shall be the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, complying with Section TIA § 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee in writing should the relevant fiscal year end on any date other than the current fiscal year end date. The Officer’s Certificate to be provided under this Section 6.4 need not comply with Section 14.6 hereof.

Appears in 2 contracts

Samples: Mohawk Capital Luxembourg SA, Mohawk Capital Luxembourg SA

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year annually an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, Officer’s Certificate complying with Section 314(a)(4) of the TIA Trust Indenture Act and stating that a review of its activities and the activities of its Subsidiaries, if any, Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (all without regard to periods of grace, which shall be deemed fulfilled unless and until the expiration of such periods, or notice requirements or grace periodsrequirements) and further stating, as to each such Officer officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor Company or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Officer’s Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 2 contracts

Samples: Indenture (Neutron Marine Corp.), Neutron Marine Corp.

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Officer’s Certificate, one of the signers of which shall be the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, complying with Section 314(a)(4) of the TIA Trust Indenture Act and stating that a review of its activities and the activities of its Subsidiaries, if any, Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (all without regard to periods of grace, which shall be deemed fulfilled unless and until the expiration of such periods, or notice requirements or grace periodsrequirements) and further stating, as to each such Officer officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor Company or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Officer’s Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Payton Shipping Corp.

Compliance Certificate; Notice of Default. (a) The Company Issuers shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, ’ Certificate complying with Section 314(a)(4) of the TIA Trust Indenture Act and stating that a review of its activities and the activities of its Subsidiaries, if any, Subsidiaries (including Finance Corp.) during the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether each of the Company Issuers has kept, observed, performed and fulfilled its obligations under this Indenture (all without regard to periods of grace, which shall be deemed fulfilled unless and until the expiration of such periods) or notice requirements or grace periodsrequirements) and further stating, as to each such Officer officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor Partnership or any Subsidiary of the Company its Subsidiaries to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Indenture (Amerigas Finance Corp)

Compliance Certificate; Notice of Default. (a) The Company Issuers shall deliver to the Trustee within 120 days after the end of its their fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the CompanyIssuers, complying (whether or not required) with Section 314(a)(4) of the TIA and stating that a review of its their activities and the activities of its Subsidiaries, if any, their Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has Issuers have kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) under this Indenture and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the CompanyIssuers, any Guarantor or any Subsidiary of the Company Issuers or any Guarantor to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Indenture (Sun International North America Inc)

Compliance Certificate; Notice of Default. (ab) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, complying with Section 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Subsidiary Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Financing Agreement (Big 5 Corp /Ca/)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, Certificate (one of the signers signatories of which shall be the Company's principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, officer) complying with Section 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (all without regard to periods of grace (other than the periods set forth in Section 6.01 (vii), which shall be deemed fulfilled unless and until the expiration of such periods) or notice requirements or grace periodsrequirements) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor Company or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Tia Indenture (Jefferies Group Inc)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, Certificate complying with Section 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does signxx xxxs know of such a failure to comply, the certificate shall describe such failure with particularity, including a description of what action the Company is taking or proposes to take with respect thereto. For purposes of this Section 4.6, such compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Indenture (Smartalk Teleservices Inc)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, complying with Section TIA 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the 54 64 Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Penton Media Inc

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, complying with Section 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and periods)and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, Company or any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Jacor Communications Inc

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 90 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, complying with Section 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor Company or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture (determined without regard to any period of grace or requirement of notice) and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Execution Copy (Getty Images Inc)

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Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, complying with Section TIA 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with reasonable particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Tri City Dialysis Center Inc

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, complying with Section 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Subsidiary Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Tia Indenture (Hallmark America Inc)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Officer’s Certificate, one of the signers of which shall be the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, complying with Section 314(a)(4) of the TIA Trust Indenture Act and stating that a review of its activities and the activities of its Subsidiaries, if any, Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (all without regard to periods of grace, which shall be deemed fulfilled unless and until the expiration of such periods, or notice requirements or grace periodsrequirements) and further stating, as to each such Officer officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor Company or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Officer’s Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Indenture (Tsakos Energy Navigation LTD)

Compliance Certificate; Notice of Default. (a) The Company Issuer shall deliver to the Trustee within 120 days after the end of its their fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the CompanyIssuer, complying (whether or not required) with Section 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company Issuer has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) under this Indenture and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the CompanyIssuer, any Guarantor or any Subsidiary of the Company Issuer or any Guarantor to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Indenture (Kerzner International Employment Services LTD)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, ’ Certificate (one of the signers signatories of which shall be the Company’s principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, officer) complying with Section 314(a)(4) of the TIA Trust Indenture Act and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers officers with a view 50 to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (all without regard to periods of grace, which shall be deemed fulfilled unless and until the expiration of such periods or notice requirements or grace periodsrequirements) and further stating, as to each such Officer officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: United States Steel Corp

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, complying with Section TIA §314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: MTR Gaming Group Inc

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, complying (whether or not required) with Section 314(a)(4) of the TIA and stating that a review of its their activities and the activities of its Subsidiaries, if any, their Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) under this Indenture and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company or any Guarantor to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Employee Solutions Inc

Compliance Certificate; Notice of Default. (a) The Company Issuers shall deliver to the Trustee within 120 days after the end of its their fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the CompanyIssuers, complying (whether or not required) with Section 314(a)(4) of the TIA and stating that a review of its their activities and the activities of its Subsidiaries, if any, their Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has Issuers have kept, observed, performed and fulfilled its their obligations under this Indenture (without regard to notice requirements or grace periods) under this Indenture and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the CompanyIssuers, any Guarantor or any Subsidiary of the Company Issuers or any Guarantor to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year year-end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Indenture (Sun International Hotels LTD)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, complying (whether or not required) with Section 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements 49 59 or grace periods) under this Indenture and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company or any Guarantor to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Indenture (Urohealth Systems Inc)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, complying with TIA Section 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Indenture (Penton Media Inc)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its each fiscal year (beginning with the fiscal year ending December 31, 1997) an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, complying with Section 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, Company or any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Indenture (Talk Radio Network Inc)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, ’ Certificate (one of the signers signatories of which shall be the Company’s principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, officer) complying with Section 314(a)(4) of the TIA Trust Indenture Act and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (all without regard to periods of grace, which shall be deemed fulfilled unless and until the expiration of such periods) or notice requirements or grace periodsrequirements) and further stating, as to each such Officer officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Indenture (United States Steel Corp)

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, complying with Section 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the Company, Company or any Guarantor or any Subsidiary of the Company to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Indenture (Multiverse Acquisition Corp)

Compliance Certificate; Notice of Default. (a) The Company Issuers shall deliver to the Trustee within 120 days after the end of its their fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the Company, ’ Certificate complying with Section 314(a)(4) of the TIA Trust Indenture Act and stating that a review of its activities and the activities of its Subsidiaries, if any, Subsidiaries (including Finance Corp.) during the preceding fiscal year has been made under the supervision of the signing Officers officers with a view to determining whether each of the Company Issuers has kept, observed, performed and fulfilled its obligations under this Indenture (all without regard to periods of grace, which shall be deemed fulfilled unless and until the expiration of such periods) or notice requirements or grace periodsrequirements) and further stating, as to each such Officer officer signing such certificate, whether or not the signer knows of any failure by the Company, any Guarantor Partnership or any Subsidiary of the Company its Subsidiaries to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: Indenture (Amerigas Finance Corp)

Compliance Certificate; Notice of Default. (a) The Company Issuer shall deliver to the Trustee within 120 days after the end of its fiscal year an Officers' Certificate, one of the signers of which shall be the principal executive, principal financial or principal accounting officer of the CompanyIssuer, complying (whether or not required) with Section 314(a)(4) of the TIA and stating that a review of its activities and the activities of its Subsidiaries, if any, Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officers with a view to determining whether the Company Issuer has kept, observed, performed and fulfilled its obligations under this Indenture (without regard to notice requirements or grace periods) under this Indenture and further stating, as to each such Officer signing such certificate, whether or not the signer knows of any failure by the CompanyIssuer, any Guarantor or any Subsidiary of the Company Issuer or any Guarantor to comply with any conditions or covenants in this Indenture and, if such signer does know of such a failure to comply, the certificate shall describe such failure with particularity. The Officers' Certificate shall also notify the Trustee should the relevant fiscal year end on any date other than the current fiscal year end date.

Appears in 1 contract

Samples: LSB Industries Inc

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