Common use of Compliance Certificate; Statement by Officers as to Default Clause in Contracts

Compliance Certificate; Statement by Officers as to Default. The Issuer will deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer ending after the Issue Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the Issuers, the Issuers are or are not 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 Issuers (through its own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) will be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. The individual signing any certificate given by any Person pursuant to this Section 3.13 will be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, upon any Officer becoming aware of any Default or Event of Default, the Issuers will deliver to the Trustee, within 30 days after the occurrence thereof, an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are taking or propose to take with respect thereto.

Appears in 3 contracts

Samples: Indenture (Neiman Marcus Group LTD LLC), Indenture (Neiman Marcus Group LTD LLC), Indenture (Neiman Marcus Group LTD LLC)

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Compliance Certificate; Statement by Officers as to Default. The Issuer will shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer ending after the Issue Closing Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the IssuersIssuer, the Issuers are Issuer is or are is not 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 Issuers Issuer (through its own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) will shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. The individual signing any certificate given by any Person pursuant to this Section 3.13 will 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, upon any Officer becoming aware of any Default or Event of Default, the Issuers will Issuer shall deliver to the Trustee, within 30 days after the occurrence thereofof such Officer becoming aware of such Default or Event of Default, an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are Issuer is taking or propose proposes to take with respect thereto.

Appears in 2 contracts

Samples: Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.)

Compliance Certificate; Statement by Officers as to Default. The Issuer will shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer ending after the Issue Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the IssuersIssuer, the Issuers are Issuer is or are is not 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 Issuers Issuer (through its own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) will shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. The individual signing any certificate given by any Person pursuant to this Section 3.13 will 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, upon any Officer becoming aware of any Default or Event of Default, the Issuers will Issuer shall deliver to the Trustee, within 30 days after the occurrence thereofof such Officer becoming aware of such Default or Event of Default, an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are Issuer is taking or propose proposes to take with respect thereto.

Appears in 2 contracts

Samples: Indenture (CommScope Holding Company, Inc.), Indenture (CommScope Holding Company, Inc.)

Compliance Certificate; Statement by Officers as to Default. The Issuer will Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer Company ending after the Issue Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the IssuersCompany, the Issuers are Company is or are is not 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 Issuers Company (through its own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) will shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. The Following qualification of this Indenture under the TIA, (i) each Guarantor shall, to the extent required by the TIA, comply with TIA § 314(a)(4), and (ii) the individual signing any certificate given by any Person pursuant to this Section 3.13 will 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, the Company shall deliver to the Trustee, within 30 days upon any Officer becoming aware of any Default or Event of Default, the Issuers will deliver to the Trustee, within 30 days after the occurrence thereof, an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are Company is taking or propose proposes to take with respect thereto.

Appears in 2 contracts

Samples: Indenture (Lannett Co Inc), Indenture (Lannett Co Inc)

Compliance Certificate; Statement by Officers as to Default. The LLC Co-Issuer will deliver to the Trustee, within 120 days after the end of each fiscal year of the LLC Co-Issuer ending after the Issue Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the Issuers, the Issuers are or are not 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 Issuers (through its own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) will be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. The individual signing any certificate given by any Person pursuant to this Section 3.13 3.12 will be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, upon any Officer becoming aware of any Default or Event of Default, the Issuers will deliver to the Trustee, within 30 days after the occurrence thereof, an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are taking or propose to take with respect thereto.

Appears in 2 contracts

Samples: Indenture (Neiman Marcus Group LTD Inc.), Indenture (Neiman Marcus Group LTD Inc.)

Compliance Certificate; Statement by Officers as to Default. The Issuer will shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer Parent Guarantor ending after the Issue Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the IssuersIssuer, the Issuers are Issuer is or are is not 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 Issuers Issuer (through its own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) will shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. The individual signing any certificate given by any Person pursuant to this Section 3.13 will 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, upon any Officer becoming aware of any Default or Event of Default, the Issuers will Issuer shall deliver to the Trustee, within 30 days after the occurrence thereof, an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are Issuer is taking or propose to take with respect thereto.

Appears in 2 contracts

Samples: Supplemental Indenture (Axalta Coating Systems Ltd.), Indenture (Axalta Coating Systems Ltd.)

Compliance Certificate; Statement by Officers as to Default. The Issuer will shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer ending after the Issue Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the IssuersIssuer, the Issuers are Issuer is or are is not 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 Issuers Issuer (through its own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) will shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. The individual signing any certificate given by any Person pursuant to this Section 3.13 will 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, upon any Officer becoming aware of any Default or Event of Default, the Issuers will Issuer shall deliver to the Trustee, within 30 days after the occurrence thereof, an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are Issuer is taking or propose proposes to take with respect thereto.

Appears in 2 contracts

Samples: Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc)

Compliance Certificate; Statement by Officers as to Default. The Dutch Co-Issuer will shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Dutch Co-Issuer ending after the Issue Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the Issuers, the Issuers are or are not 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 Issuers (through its own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) will shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. The individual signing any certificate given by any Person pursuant to this Section 3.13 will 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, upon any Officer becoming aware of any Default or Event of Default, the Issuers will shall deliver to the Trustee, within 30 days after the occurrence thereof, an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are taking or propose to take with respect thereto.

Appears in 2 contracts

Samples: Indenture (Axalta Coating Systems Ltd.), Indenture (Axalta Coating Systems Ltd.)

Compliance Certificate; Statement by Officers as to Default. The Issuer will deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer ending after the Issue Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the IssuersIssuer, the Issuers are Issuer is or are is not 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 Issuers Issuer (through its own action or omission or through the action or omission of any Restricted Subsidiary Guarantor as applicable) will be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. The individual signing any certificate given by any Person pursuant to this Section 3.13 3.12 will be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, upon any Officer becoming aware of any Default or Event of Default, the Issuers Issuer will deliver to a Trust Officer of the Trustee, within 30 days after the occurrence thereof, an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are Issuer is taking or propose proposes to take with respect thereto.

Appears in 1 contract

Samples: Indenture (Leslie's, Inc.)

Compliance Certificate; Statement by Officers as to Default. The Issuer will shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer IssuerParent Guarantor ending after the Issue Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the IssuersIssuer, the Issuers are Issuer is or are is not 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 Issuers Issuer (through its own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) will shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. The individual signing any certificate given by any Person pursuant to this Section 3.13 will 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, upon any Officer becoming aware of any Default or Event of Default, the Issuers will Issuer shall deliver to the Trustee, within 30 days after the occurrence thereof, an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are Issuer is taking or propose to take with respect thereto.

Appears in 1 contract

Samples: Supplemental Indenture (Axalta Coating Systems Ltd.)

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Compliance Certificate; Statement by Officers as to Default. The Issuer will Issuers shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer Parent Guarantor ending after the Issue Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the Issuers, the Issuers are or are not 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 Issuers (through its their own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) will shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. The individual signing any certificate given by any Person pursuant to this Section 3.13 will 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, upon any Officer becoming aware of any Default or Event of DefaultDefault (unless such Default or Event of Default has been cured or waived within such 30-day period), the Issuers will shall deliver to the Trustee, within 30 days after the occurrence thereof, an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are taking or propose to take with respect thereto.

Appears in 1 contract

Samples: Indenture (Axalta Coating Systems Ltd.)

Compliance Certificate; Statement by Officers as to Default. The Issuer will shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer Parent Guarantor ending after the Issue Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the IssuersIssuer, the Issuers are Issuer is or are is not 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 Issuers Issuer (through its own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) will shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. The individual signing any certificate given by any Person pursuant to this Section 3.13 will 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, upon any Officer becoming aware of any Default or Event of DefaultDefault (unless such Default or Event of Default has been cured or waived within such 30-day period), the Issuers will Issuer shall deliver to the Trustee, within 30 days after the occurrence thereof, an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are Issuer is taking or propose to take with respect thereto.

Appears in 1 contract

Samples: Indenture (Axalta Coating Systems Ltd.)

Compliance Certificate; Statement by Officers as to Default. The Issuer will shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer ending after the Issue Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the IssuersIssuer, the Issuers are Issuer is or are is not 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 Issuers Issuer (through its own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) will shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Guarantor shall comply with TIA § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 3.13 will 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, the Issuer will deliver to the Trustee, forthwith upon any Officer becoming aware of any Default or Event of Default, the Issuers will deliver to the Trustee, within 30 days after the occurrence thereof, an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are Issuer is taking or propose proposes to take with respect thereto.

Appears in 1 contract

Samples: Indenture (Solgar)

Compliance Certificate; Statement by Officers as to Default. The Issuer will Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer Company ending after the Issue Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the IssuersCompany, the Issuers are or are not 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 Issuers (through its their own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) will shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. The individual signing any certificate given by any Person pursuant to this Section 3.13 will 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, upon any Officer becoming aware of any Default or Event of DefaultDefault (unless such Default or Event of Default has been cured or waived within such 30 day period), the Issuers will Company shall deliver to the Trustee, within 30 days after the occurrence thereofof such Officer becoming aware of such Default or Event of Default (unless such Default or Event of Default has been cured or waived within such 30 day period), an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are Company is taking or propose proposes to take with respect thereto.

Appears in 1 contract

Samples: Indenture (PPD, Inc.)

Compliance Certificate; Statement by Officers as to Default. The Issuer will shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer ending after the Issue Date, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof on behalf of each of the IssuersIssuer, the Issuers are Issuer is or are is not 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 Issuers Issuer (through its own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) will shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. The individual signing any certificate given by any Person pursuant to this Section 3.13 will 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person, in compliance with TIA § 314(a)(4). So long as any of the Notes are outstanding, upon any Officer becoming aware of any Default or Event of Default, the Issuers will Issuer shall deliver to the Trustee, within 30 days (or 120 days if with respect to a Default under Section 3.2) after the occurrence thereof, an Officer’s Certificate specifying such Default or Event of Default and what action the Issuers are Issuer is taking or propose proposes to take with respect thereto.

Appears in 1 contract

Samples: Indenture (Allison Transmission Holdings Inc)

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