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

Compliance Certificate; Statement by Officers as to Default. The Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer, an Officer’s Certificate stating that a review of the activities of the Issuer and its Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officer with a view to determining whether the Issuer has kept, observed, performed and fulfilled its obligations under this Indenture, and further stating, as to such Officer signing such certificate, that to the best of his knowledge the Issuer has kept, observed, performed and fulfilled each and every covenant contained in this Indenture and is not in default in the performance or observance of any of the terms, provisions and conditions hereof (or, if a Default or Event of Default shall have occurred, describing all such Defaults or Events of Default of which he may have knowledge). So long as any of the Notes are outstanding, upon any Officer of the Issuer becoming aware of any Default or Event of Default, the Issuer shall deliver to the Trustee, within 30 days of 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 time period), an Officer’s Certificate specifying such Default or Event of Default and what action the Issuer is taking or proposes to take with respect thereto.

Appears in 4 contracts

Samples: Indenture (Mattel Inc /De/), Indenture (Mattel Inc /De/), Indenture (Mattel Inc /De/)

AutoNDA by SimpleDocs

Compliance Certificate; Statement by Officers as to Default. The Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year of the IssuerIssuer ending after the Issue Date, an Officer’s Certificate stating that a review of to the activities of the Issuer and its Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officer with a view to determining whether the Issuer has kept, observed, performed and fulfilled its obligations under this Indenture, and further stating, as to such Officer signing such certificate, effect that to the best knowledge of his knowledge the signer thereof on behalf of the Issuer, the Issuer has kept, observed, performed and fulfilled each and every covenant contained in this Indenture and is or is not in default in the performance or and observance of any of the terms, provisions and conditions hereof of this Indenture (orwithout regard to any period of grace or requirement of notice provided hereunder) and, if a Default the Issuer (through its own action or Event omission or through the action or omission of Default any Guarantor, as applicable) shall have occurredbe in default, describing specifying all such Defaults or Events of Default defaults and the nature and status thereof of which he such signer may have knowledge). The individual signing any certificate given by any Person pursuant to this Section 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person. So long as any of the Notes are outstanding, upon any Officer of the Issuer becoming aware of any Default or Event of Default, the Issuer shall deliver to the Trustee, within 30 days of after such officer 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 time period), an Officer’s Certificate specifying such Default or Event of Default and what action the Issuer is taking or proposes to take with respect thereto.

Appears in 3 contracts

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

Compliance Certificate; Statement by Officers as to Default. The Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year of the IssuerIssuer ending after the Issue Date, an Officer’s Certificate stating that a review of to the activities of the Issuer and its Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officer with a view to determining whether the Issuer has kept, observed, performed and fulfilled its obligations under this Indenture, and further stating, as to such Officer signing such certificate, effect that to the best knowledge of his knowledge the signer thereof on behalf of the Issuer, the Issuer has kept, observed, performed and fulfilled each and every covenant contained in this Indenture and is or is not in default in the performance or and observance of any of the terms, provisions and conditions hereof of this Indenture (orwithout regard to any period of grace or requirement of notice provided hereunder) and, if a Default the Issuer (through its own action or Event omission or through the action or omission of Default any Guarantor, as applicable) shall have occurredbe in default, describing specifying all such Defaults or Events of Default defaults and the nature and status thereof of which he such signer may have knowledge). The individual signing any certificate given by any Person pursuant to this Section 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person. So long as any of the Notes are outstanding, upon any Officer of the Issuer becoming aware of any Default or Event of Default, the Issuer shall deliver to the TrusteeTrustee at its Corporate Trust Office, within 30 days of after such officer 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 time period), an Officer’s Certificate specifying such Default or Event of Default and what action the Issuer is taking or 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 shall deliver to the Trustee, within 120 days after the end of each fiscal year of the IssuerIssuer ending after the Issue Date, an Officer’s Certificate stating that a review of to the activities of the Issuer and its Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officer with a view to determining whether the Issuer has kept, observed, performed and fulfilled its obligations under this Indenture, and further stating, as to such Officer signing such certificate, effect that to the best knowledge of his knowledge the signer thereof on behalf of the Issuer, the Issuer has kept, observed, performed and fulfilled each and every covenant contained in this Indenture and is or is not in default in the performance or and observance of any of the terms, provisions and conditions hereof of this Indenture (orwithout regard to any period of grace or requirement of notice provided hereunder) and, if a Default the Issuer (through its own action or Event omission or through the action or omission of Default any Guarantor, as applicable) shall have occurredbe in default, describing specifying all such Defaults or Events of Default defaults and the nature and status thereof of which he such signer may have knowledge). The individual signing any certificate given by any Person pursuant to this Section 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person. So long as any of the Notes are outstanding, upon any Officer of the Issuer becoming aware of any Default or Event of Default, the Issuer shall deliver to the Trustee, within 30 days of after such officer 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 time period), an Officer’s Certificate specifying such Default or Event of Default and what action the Issuer is taking or proposes to take with respect thereto.

Appears in 2 contracts

Samples: Indenture (PPD, Inc.), Indenture (PPD, Inc.)

AutoNDA by SimpleDocs

Compliance Certificate; Statement by Officers as to Default. The Issuer Company shall deliver to the TrusteeTrustee at its Corporate Trust Office, within 120 days after the end of each fiscal year of the IssuerCompany ending after the Issue Date, an Officer’s Certificate stating that a review of to the activities of the Issuer and its Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officer with a view to determining whether the Issuer has kept, observed, performed and fulfilled its obligations under this Indenture, and further stating, as to such Officer signing such certificate, effect that to the best knowledge of his knowledge the Issuer has keptsigner thereof on behalf of the Company, observed, performed and fulfilled each and every covenant contained in this Indenture and the Company is or is not in default in the performance or and observance of any of the terms, provisions and conditions hereof of this Indenture (orwithout regard to any period of grace or requirement of notice provided hereunder) and, if a Default the Company (through its own action or Event omission or through the action or omission of Default any Guarantor, as applicable) shall have occurredbe in default, describing specifying all such Defaults or Events of Default defaults and the nature and status thereof of which he such signer may have knowledge). The individual signing any certificate given by any Person pursuant to this Section 3.12 shall be the principal executive, financial or accounting officer of such Person or the direct or indirect parent of such Person. So long as any of the Notes are outstanding, upon any Officer of the Issuer becoming aware of any Default or Event of Default, the Issuer Company shall deliver to the TrusteeTrustee at its Corporate Trust Office, within 30 days of after such officer 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 time period), an Officer’s Certificate specifying such Default or Event of Default and what action the Issuer Company is taking or proposes to take with respect thereto.

Appears in 1 contract

Samples: Indenture (Ii-Vi Inc)

Compliance Certificate; Statement by Officers as to Default. The Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year of the IssuerIssuer ending after the Issue Date, an Officer’s Certificate stating that a review of to the activities of the Issuer and its Subsidiaries during the preceding fiscal year has been made under the supervision of the signing Officer with a view to determining whether the Issuer has kept, observed, performed and fulfilled its obligations under this Indenture, and further stating, as to such Officer signing such certificate, effect that to the best knowledge of his knowledge the signer thereof on behalf of the Issuer, the Issuer has kept, observed, performed and fulfilled each and every covenant contained in this Indenture and is or is not in default in the performance or and observance of any of the terms, provisions and conditions hereof of this Indenture (orwithout regard to any period of grace or requirement of notice provided hereunder) and, if a Default the Issuer (through its own action or Event omission or through the action or omission of Default any Guarantor as applicable) shall have occurredbe in default, describing specifying all such Defaults or Events of Default defaults and the nature and status thereof of which he such signer may have knowledge). So long as any of the Notes are outstanding, upon any Officer of the Issuer becoming aware of any Default or Event of Default, the Issuer shall deliver to the Trustee, within 30 days of such officer upon any Officer becoming aware of such any Default or Event of Default (unless such Default or Event of Default has been cured or waived within such 30-30 day time period), an Officer’s Certificate written notice specifying such Default or Event of Default and what action the Issuer is taking or proposes to take with respect thereto. The Trustee will not be deemed to have notice or knowledge of any Defaults or Events of Default unless a Responsible Officer of the Trustee shall have received a written notice of such an event at its Corporate Trust Office and such notice references the Notes and this Indenture and states that it is a “Notice of Default.

Appears in 1 contract

Samples: Indenture (Sylvamo Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!