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

Compliance Certificate; Notice of Default. The Company shall deliver to the Trustee, within 90 days after the end of each fiscal year an Officers’ Certificate stating whether or not to the best knowledge of the xxxxxx thereof, the Issuer and the Guarantors, as the case may be, have complied with all conditions and covenants under this Indenture, whether a Default or an Event of Default has occurred during such period, and, if a Default or an Event of Default has occurred during such period, specifying all such Events of Default and the nature thereof of which such Responsible Officer has knowledge. Upon becoming aware of, and as of such time that the Issuer should reasonably have become aware of, a Default, the Company also shall deliver to the Trustee, within 30 days thereafter, written notice of any events which would constitute a Default, their status and what action the Issuer is taking or proposes to take in respect thereof, and, in the case of a Default in the payment of interest, principal, redemption payments or any other amount due on the Notes or the Guarantees, such same notice to the Paying Agent.

Compliance Certificate; Notice of Default. The Company shall deliver to the Trustee, within 90 one hundred twenty (120) days after the end of each fiscal year of the Company, an Officers’ Certificate stating whether or not to the best knowledge of the xxxxxx thereofsigners thereof the Company is in default in the performance and observance of any of the terms, the Issuer provisions and the Guarantors, as the case may be, have complied with all conditions and covenants under of this Indenture, whether a Default Indenture (without regard to any period of grace or an Event requirement of Default has occurred during such period, notice provided hereunder) and, if a Default or an Event of Default has occurred during such periodthe Company shall be in default, specifying all such Events of Default defaults and the nature and the status thereof of which such Responsible Officer has the signer may have knowledge. Upon becoming aware of, and as of such time that the Issuer should reasonably have become aware of, a Default, the The Company also shall will deliver to the Trustee, within 30 days thereafter, written notice as soon as possible after the Company becomes aware of any events which Event of Default or an event which, with notice or the lapse of time or both, would constitute a an Event of Default, their status an Officers’ Certificate setting forth the details of such default or Event of Default and what the action that the Issuer Company has taken, is taking or proposes to take in with respect thereof, and, in thereto. Any notice required to be given under this Section 4.10 shall be delivered to a Responsible Officer of the case of a Default in the payment of interest, principal, redemption payments or any other amount due on the Notes or the Guarantees, such same notice to the Paying AgentTrustee at its Corporate Trust Office.

Compliance Certificate; Notice of Default. The Company Issuer shall deliver to the Trustee, Trustee within 90 120 days after the end of each fiscal year an Officers’ Certificate stating whether that no recording, filing, re -recording or not re -filing of this Indenture and the Security Documents is necessary to maintain the best knowledge security interest intended to be created thereby for the benefit of the xxxxxx thereofholders of the Notes. Pursuant to Section 314(a)(4) of the TIA, the Issuer and shall deliver to the GuarantorsTrustee, as within 120 calendar days after the case may beend of each fiscal year of the Issuer, have complied with all conditions and covenants under this Indenturean Officers’ Certificate stating whether or not, whether a Default or an Event to the knowledge of such Officers, any Default has occurred during such periodand is continuing and if so, anddescribing each Default, if a Default or an Event of Default has occurred during such period, specifying all such Events of Default its status and the nature thereof of which such Responsible Officer has knowledgeaction the Issuer is taking or proposes to take with respect thereto. Upon becoming aware of, and as of such time that the Issuer should reasonably have become aware of, a Default, the Company Issuer also shall deliver to the Trustee, Trustee within 30 days thereafterfive Business Days of the occurrence of such Default, written notice of any such events which would constitute a Default, their status and what action the Issuer is taking or proposes to take in respect thereof, and, in the case of a Default in the payment of interest, principal, redemption payments or any other amount due on the Notes or the Guarantees, such same notice to the Paying Agent.

Compliance Certificate; Notice of Default. The Company shall deliver to the Trustee, within 90 days after the end of each fiscal year an Officers’ Certificate stating whether or not to the best knowledge of the xxxxxx sxxxxx thereof, the Issuer and the Guarantors, as the case may be, have complied with all conditions and covenants under this Indenture, whether a Default or an Event of Default has occurred during such period, and, if a Default or an Event of Default has occurred during such period, specifying all such Events of Default and the nature thereof of which such Responsible Officer has knowledge. Upon becoming aware of, and as of such time that the Issuer should reasonably have become aware of, a Default, the Company also shall deliver to the Trustee, within 30 days thereafter, written notice of any events which would constitute a Default, their status and what action the Issuer is taking or proposes to take in respect thereof, and, in the case of a Default in the payment of interest, principal, redemption payments or any other amount due on the Notes or the Guarantees, such same notice to the Paying Agent.

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee, Trustee within 90 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2003) an Officers’ Certificate Certificate, stating whether or not to the best knowledge of the xxxxxx thereofsigners thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Issuer Company shall be in default, specifying all such Defaults and the Guarantorsnature and status thereof of which they may have knowledge. (b) The Company shall, so long as any of the case may beSecurities are outstanding, have complied with all conditions deliver to the Trustee promptly, and covenants in any event within 30 days after becoming aware of any Default or Event of Default under this Indenture, whether a an Officers’ Certificate specifying such Default or an Event of Default has occurred during such period, and, if a Default or an Event of Default has occurred during such period, specifying all such Events of Default and the nature thereof of which such Responsible Officer has knowledge. Upon becoming aware of, and as of such time that the Issuer should reasonably have become aware of, a Default, the Company also shall deliver to the Trustee, within 30 days thereafter, written notice of any events which would constitute a Default, their status and what action the Issuer Company is taking or proposes to take in with respect thereof, and, in the case thereto. The Trustee shall not be deemed to have knowledge of a Default in or Event of Default unless one of its Responsible Officers receives written notice of the payment Default or Event of interest, principal, redemption payments Default from the Company or any other amount due on of the Notes or the Guarantees, such same notice to the Paying AgentHolders.

Compliance Certificate; Notice of Default. The Company shall deliver to the Trustee, within 90 days after the end of each fiscal year an Officers’ Certificate stating whether or not to the best knowledge of the xxxxxx sxxxxx thereof, the Issuer and the Guarantors, as the case may be, have complied with all conditions and covenants under this Indenture, whether a Default or an Event of Default has occurred during such period, and, if a Default or an Event of Default has occurred during such period, specifying all such Events of Default and the nature thereof of which such Responsible Officer has knowledge. Upon becoming aware of, and as of such time that the Issuer should reasonably have become aware of, a Default, the Company also shall deliver to the Trustee, within 30 days thereafter, written notice of any events which would constitute a Default, their status and what action the Issuer is taking or proposes to take in respect thereof, and, in the case of a Default in the payment of interest, principal, redemption payments or any other amount due on the Notes or the Guarantees, such same notice to the Paying Agent.

Compliance Certificate; Notice of Default. The Company shall deliver to the Trustee, within 90 days after the end of each fiscal year an Officers’ Certificate stating whether or not to the best knowledge of the xxxxxx sxxxxx thereof, the Issuer and the Guarantors, as the case may be, have complied with all conditions and covenants under this Indenture, whether a Default or an Event of Default has occurred during such period, and, if a Default or an Event of Default has occurred during such period, specifying all such Events of Default and the nature thereof of which such Responsible Officer has knowledge. Upon becoming aware of, and as of such time that the Issuer should reasonably have become aware of, a Default, the Company also shall deliver to the Trustee, within 30 days thereafter, written notice of any events which would constitute a Default, their status and what action the Issuer is taking or proposes to take in respect thereof, and, in the case of a Default in the payment of interest, principal, redemption payments or any other amount due on the Notes or the Guarantees, such same notice to the Paying Agent.. -45-

Compliance Certificate; Notice of Default. The Company shall deliver to the Trustee, within 90 days after the end of each fiscal year an Officers’ Certificate stating whether or not to the best knowledge of the xxxxxx sxxxxx thereof, the Issuer and the Guarantors, as the case may be, have complied with all conditions and covenants under this Indenture, whether a Default or an Event of Default has occurred during such period, and, if a Default or an Event of Default has occurred during such period, specifying all such Events of Default and the nature thereof of which such Responsible Officer has knowledge. Upon becoming aware of, and as of such time that the Issuer should reasonably have become aware of, a Default, the Company also shall deliver to the Trustee, within 30 days thereafter, written notice of any events which would constitute a Default, their status and what action the Issuer is taking or proposes to take in respect thereof, and, in the case of a Default in the payment of interest, principal, redemption payments or any other amount due on the Notes or the Guarantees, such same notice to the Paying Agent.. -42-

Compliance Certificate; Notice of Default. (a) The Company shall deliver to the Trustee, Trustee within 90 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2004) an Officers’ Certificate Certificate, stating whether or not to the best knowledge of the xxxxxx thereofsigners thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Issuer Company shall be in default, specifying all such defaults and the Guarantorsnature and status thereof of which the signers thereof may have knowledge. (b) The Company shall, so long as any of the case may beSecurities are outstanding, have complied with all conditions deliver to the Trustee promptly, and covenants in any event within 30 days after becoming aware of any Default or Event of Default under this Indenture, whether a an Officers’ Certificate specifying such Default or an Event of Default has occurred during such period, and, if a Default or an Event of Default has occurred during such period, specifying all such Events of Default and the nature thereof of which such Responsible Officer has knowledge. Upon becoming aware of, and as of such time that the Issuer should reasonably have become aware of, a Default, the Company also shall deliver to the Trustee, within 30 days thereafter, written notice of any events which would constitute a Default, their status and what action the Issuer Company is taking or proposes to take in with respect thereof, and, in the case thereto. The Trustee shall not be deemed to have knowledge of a Default in or Event of Default unless one of its Responsible Officers receives written notice of the payment Default or Event of interest, principal, redemption payments Default from the Company or any other amount due on of the Notes or the Guarantees, such same notice to the Paying AgentHolders.