COMPLIANCE CERTIFICATE OF BORROWER. At the end of each weekly period until Borrower's Net Income is positive for at least two consecutive fiscal quarters, and thereafter within twenty (20) days after the end of each month, a certificate signed by the Authorized Manager of the Borrower, substantially in the form of Exhibit "B" attached hereto certifying that after a review of the activities of Borrower during such period, Borrower has observed, performed and fulfilled each and every obligation and covenant contained herein and no Event of Default exists under any of the same or, if any Event of Default shall have occurred, specifying the nature and status thereof, and stating that all financial statements of Borrower delivered to Lender during the respective period pursuant to Sections 7.1(a) and 7.1(b) hereof, to his/her knowledge, fairly present in all material respect the financial position of the Borrower and the results of its operations at the dates and for the periods indicated, and have been prepared in accordance with GAAP, together with a calculation of the Financial Covenants.
COMPLIANCE CERTIFICATE OF BORROWER. (Pursuant to Section 7.2 of Loan and Security Agreement dated __________________) __________________ (the “Borrower”) HEREBY CERTIFIES that: This Compliance Certificate is furnished pursuant to the Loan and Security Agreement (the “Agreement”) dated __________________ by and between the Borrower and TRUIST BANK (the “Bank”). Unless otherwise defined herein, the terms used in this Report have the meanings given to them in this Agreement.
COMPLIANCE CERTIFICATE OF BORROWER. As soon as available, and in any event within thirty (30) days after the close of each fiscal quarter, a certificate signed by the Authorized Person of the Borrower, substantially in the form of Exhibit "B" attached hereto certifying that after a review of the activities of Borrower during such period, Borrower has observed, performed and fulfilled each and every obligation and covenant contained herein and no Event of Default exists under any of the same or, if any Event of Default shall have occurred, specifying the nature and status thereof, and stating that all financial statements of Matrixx or Borrower delivered to Lender during the respective period pursuant to Sections 7.1(a) and 7.1(b) hereof, to his/her knowledge, fairly present in all material respects the financial position of Matrixx and the results of its operations at the dates and for the periods indicated, and have been prepared in accordance with GAAP, together with a calculation of the Financial Covenants.
COMPLIANCE CERTIFICATE OF BORROWER. (Pursuant to Section 7.2 of Loan Agreement dated __________________) __________________ (the “Borrower”) HEREBY CERTIFIES that: This Compliance Certificate is furnished pursuant to the Loan Agreement (the “Agreement”) dated __________________ by and between Borrower and SUNTRUST BANK (“Bank”). Unless otherwise defined herein, the terms used in this Report have the meanings given to them in this Agreement. The figures and information for determining compliance by Borrower with the financial covenants set forth in the Quarterly Covenant Compliance Report attached hereto have been prepared based upon the financial reports accompanied hereby and both the Quarterly Covenant Compliance Report and such financial reports are true and complete as of the date hereof. The activities of Borrower during the preceding quarter have been reviewed by the president or other authorized officer or the employees or agents under his immediate supervision. Based on such review, to the best knowledge and belief of the president or other authorized officer, and as of the date of this Certificate, Borrower has performed and observed each and every covenant contained in the Agreement to be performed by it, and no Event of Default or Default Condition exists, except for the following: Please describe or indicate “None” if none exist: Borrower has properly and accurately reported all Asset Dispositions pursuant to Section 2.12 of the Agreement. WITNESS my hand this _______ day of ______________________, _______. EXHIBIT C
COMPLIANCE CERTIFICATE OF BORROWER. At the same time financial statements for a fiscal period or calendar month of such Obligor are required to be submitted pursuant to Sections 6.1(a)-6.1(c), a certificate signed by the chief financial officer of such Obligor, substantially in the form of Exhibit 6.1(e) attached hereto, certifying that after a review of the activities of such Obligor during such period made under his supervision: (i) such Obligor has observed, performed and fulfilled each and every obligation and covenant contained herein and no Event of Default exists under any of the same or, if any Event of Default will have occurred, specifying the nature and status thereof; (ii) all representations and warranties set forth in the Credit Documents remain true and complete in all material respects as if made on and as of the date of the compliance certificate, except for changes as may have resulted from any circumstance or event which has not had a Material Adverse Effect; and (iii) all financial statements of such Obligor delivered to Lender during the respective period pursuant to Sections 6.1(a) and 6.1(c) hereof, to his/her knowledge, fairly present in all material respects the financial position of such Obligor and the results of its operations at the dates and for the periods indicated, and have been prepared in accordance with GAAP, together with a calculation of the Financial Covenants.
COMPLIANCE CERTIFICATE OF BORROWER. Concurrently with the financial statements of ADS furnished to the Administrative Agent and to the Lenders pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each a ‘‘Compliance Certificate’‘) of the Borrower signed by the Chief Executive Officer, President, Executive Vice President or Chief Financial Officer of the Borrower, in the form of Exhibit 8.3.3. Notwithstanding the foregoing, the Borrower shall not be required to provide its Compliance Certificate under this Section 8.3.3 for any fiscal period during which the Borrower’s and its Subsidiaries’ financial results are included in the consolidated financial statements of ADS delivered pursuant to this Agreement and ADS has delivered the related Compliance Certificate under this Section 8.3.3.
COMPLIANCE CERTIFICATE OF BORROWER. If a Compliance Certificate is not delivered when due in accordance with such Section 8.3.3, then the rates in Level VI shall apply as of the first Business Day after the date on which such Compliance Certificate was required to have been delivered and shall remain in effect until the date on which such Compliance Certificate is delivered.
COMPLIANCE CERTIFICATE OF BORROWER. Within thirty (30) days after the end of each month (except the last) and within ninety (90) days after the end of each
COMPLIANCE CERTIFICATE OF BORROWER. Within forty-five (45) days after the end of each quarterly accounting period (excluding the fiscal year-end quarter) and within ninety (90) days after the end of each fiscal year of Borrower hereafter, a certificate signed by an Authorized Officer of Borrower, stating that a review of the activities of Borrower during such month or year has been made under his supervision, that, as of such date, Borrower has observed, performed and fulfilled each and every obligation and covenant contained herein and no Event of Default exists under any of the same or, if any Event of Default shall have occurred, specifying the nature and status thereof, and stating that all financial statements of Borrower delivered to Lender during the respective period pursuant to Section 9.1(a) and 9.1(b) hereof, to such officer's knowledge after due inquiry, fairly present in all material respects the financial position of the Borrower and the results of its operations at the dates and for the periods indicated, and have been prepared in accordance with GAAP (excluding footnotes for each quarterly financial statement other than the fiscal year-end quarter), subject to year end audit and adjustments.
COMPLIANCE CERTIFICATE OF BORROWER. Within thirty (30) days after the end of each month, a certificate signed by the chief financial officer of the Borrower, substantially in the form of Exhibit "B" attached hereto certifying that after a review of the activities of Borrower during such period, Borrower has observed, performed and fulfilled each and every obligation and covenant contained herein and no Event of Default exists under any of the same or, if any Event of Default shall have occurred, specifying the nature and status thereof, and stating that all financial statements of Borrower delivered to Lender during the respective period pursuant to Sections 7.1(a) and 7.1(b) hereof, to his/her knowledge, fairly present in all material respect the financial position of the Borrower and the results of its operations at the dates and for the periods
