Compliance Certificate; Statement of Funds from Operations Sample Clauses

Compliance Certificate; Statement of Funds from Operations. Unencumbered Asset Value 9096 Section 9.4. Other Information 9096 Section 9.5. Electronic Delivery of Certain Information 9298 Section 9.6. Public/Private Information 9299 Section 9.7. USA Patriot Act Notice; Compliance 9299 ARTICLE X. NEGATIVE COVENANTS 9399 Section 10.1. Financial Covenants 9399 Section 10.2. Negative Pledge 95101 Section 10.3. Restrictions on Intercompany Transfers 95101 Section 10.4. Merger, Consolidation, Sales of Assets and Other Arrangements 95101 Section 10.5. Plans 96102 Section 10.6. Fiscal Year 96103 Section 10.7. Modifications of Organizational Documents 96103 Section 10.8. Subordinated Debt Prepayments; Amendments 96103 Section 10.9. Transactions with Affiliates 97104 Section 10.10. Environmental Matters 97104 Section 10.11. Derivatives Contracts 98104 ARTICLE XI. DEFAULT 98104 Section 11.1. Events of Default 98104 Section 11.2. Remedies Upon Event of Default 102108 Section 11.3. Remedies Upon Default 103110 Section 11.4. Marshaling; Payments Set Aside 103110
Sample 1
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Compliance Certificate; Statement of Funds from Operations. Report of Acquired Properties 63 Section 8.4. Other Information 63 Section 8.5. Electronic Delivery of Certain Information 66 Section 8.6. Public/Private Information 66 Section 8.7. USA Patriot Act Notice; Compliance 66 Article IX. Negative Covenants 67 Section 9.1. Financial Covenants 67 Section 9.2. Liens; Negative Pledge 69 Section 9.3. Restrictions on Intercompany Transfers 70 Section 9.4. Merger, Consolidation, Sales of Assets and Other Arrangements 70 Section 9.5. Plans 71 Section 9.6. Fiscal Year 71 Section 9.7. Modifications of Organizational Documents and Material Contracts 71 Section 9.8. Transactions with Affiliates 71 Section 9.9. Environmental Matters 72 Section 9.10. Derivatives Contracts 72 Article X. Default 72 Section 10.1. Events of Default 72 Section 10.2. Remedies Upon Event of Default 76 Section 10.3. Remedies Upon Default 77 Section 10.4. Marshaling; Payments Set Aside 77 Section 10.5. Allocation of Proceeds 77 Section 10.6. Letter of Credit Collateral Account 78 Section 10.7. Performance by Administrative Agent 79 Section 10.8. Rights Cumulative 79 Article XI. The Administrative Agent 79 Section 11.1. Appointment and Authorization 79 Section 11.2. Xxxxx Fargo as Lender 80 Section 11.3. Approvals of Lenders 81 Section 11.4. Notice of Events of Default 81 Section 11.5. Administrative Agent’s Reliance 81 Section 11.6. Indemnification of Administrative Agent 82 Section 11.7. Lender Credit Decision, Etc 83 Section 11.8. Successor Administrative Agent 83 Section 11.9. Titled Agents 84 Article XII. Miscellaneous 84 Section 12.1. Notices 84 Section 12.2. Expenses 86 Section 12.3. Stamp, Intangible and Recording Taxes 86 Section 12.4. Setoff 86 Section 12.5. Litigation; Jurisdiction; Other Matters; Waivers 87 Section 12.6. Successors and Assigns 88 Section 12.7. Amendments and Waivers 91 Section 12.8. Nonliability of Administrative Agent and Lenders 92 Section 12.9. Confidentiality 93 Section 12.10. Indemnification 94 Section 12.11. Termination; Survival 95 Section 12.12. Severability of Provisions 96 Section 12.13. GOVERNING LAW 96 Section 12.14. Counterparts 96 Section 12.15. Obligations with Respect to Loan Parties 96 Section 12.16. Independence of Covenants 96 Section 12.17. Limitation of Liability 96 Section 12.18. Entire Agreement 97 Section 12.19. Construction 97 Section 12.20. Headings 97 SCHEDULE I Commitments SCHEDULE 1.1. List of Loan Parties SCHEDULE 6.1.(b) Ownership Structure SCHEDULE 6.1.(f) Properties SCHEDULE 6.1.(g) Existing...
Sample 1

Related to Compliance Certificate; Statement of Funds from Operations

  • Compliance Certificate; Statements as to Defaults The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2020) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof.

  • Compliance Certificate (a) The Company and each Guarantor (to the extent that such Guarantor is so required under the TIA) shall deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers' Certificate stating that a review of the activities of the Company and its 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, and further stating, as to each such Officer signing such certificate, that to the best of his or her knowledge the Company 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 of this Indenture (or, if a Default or Event of Default shall have occurred, describing all such Defaults or Events of Default of which he or she may have knowledge and what action the Company is taking or proposes to take with respect thereto) and that to the best of his or her knowledge no event has occurred and remains in existence by reason of which payments on account of the principal of or interest, if any, on the Notes is prohibited or if such event has occurred, a description of the event and what action the Company is taking or proposes to take with respect thereto. (b) So long as not contrary to the then current recommendations of the American Institute of Certified Public Accountants, the year-end financial statements delivered pursuant to Section 4.03(a) above shall be accompanied by a written statement of the Company's independent public accountants (who shall be a firm of established national reputation) that in making the examination necessary for certification of such financial statements, nothing has come to their attention that would lead them to believe that the Company has violated any provisions of Article 4 or Article 5 hereof or, if any such violation has occurred, specifying the nature and period of existence thereof, it being understood that such accountants shall not be liable directly or indirectly to any Person for any failure to obtain knowledge of any such violation. (c) The Company shall, so long as any of the Notes are outstanding, deliver to the Trustee, forthwith upon any Officer becoming aware of any Default or Event of Default, an Officers' Certificate specifying such Default or Event of Default and what action the Company is taking or proposes to take with respect thereto.

  • Monthly Compliance Certificate Within thirty (30) days after the last day of each month and together with the Monthly Financial Statements, a duly completed Compliance Certificate signed by a Responsible Officer, certifying that as of the end of such month, Borrower was in full compliance with all of the terms and conditions of this Agreement, and setting forth calculations showing compliance with the financial covenants set forth in this Agreement and such other information as Bank shall reasonably request;

  • TAX COMPLIANCE CERTIFICATE (For Foreign Lenders That Are Not Partnerships For U.S. Federal Income Tax Purposes)

  • Annual Compliance Certificate Within one hundred and twenty (120) days after December 31, 2021 and each fiscal year of the Company ending thereafter, the Company will deliver an Officer’s Certificate to the Trustee stating (i) that the signatory thereto has supervised a review of the activities of the Company and its Subsidiaries during such fiscal year with a view towards determining whether any Default or Event of Default has occurred; and (ii) whether, to such signatory’s knowledge, a Default or Event of Default has occurred or is continuing (and, if so, describing all such Defaults or Events of Default and what action the Company is taking or proposes to take with respect thereto).

  • to Compliance Certificate Financial Covenants of Borrower In the event of a conflict between this Schedule and the Loan Agreement, the terms of the Loan Agreement shall govern. Dated:

  • Covenant Compliance Certificate The Borrower shall, contemporaneously with the furnishing of the financial statements pursuant to Section 8.8, deliver to the Bank a duly completed compliance certificate, dated the date of such financial statements and certified as true and correct by an appropriate officer of the Borrower, containing a computation of each of the financial covenants set forth in Section 10 and stating that the Borrower has not become aware of any Event of Default or Unmatured Event of Default that has occurred and is continuing or, if there is any such Event of Default or Unmatured Event of Default describing it and the steps, if any, being taken to cure it.

  • Compliance Certificates The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.

  • Compliance Certificate and Opinions (a) Upon any application or request by the Company to the Trustee to take any action under any provision of this Indenture, the Company shall, if requested by the Trustee, furnish to the Trustee an Officers’ Certificate stating that all conditions precedent (including covenants compliance with which constitutes a condition precedent), if any, provided for in this Indenture relating to the proposed action have been complied with and an Opinion of Counsel stating that in the opinion of such counsel all such conditions precedent (including covenants compliance with which constitutes a condition precedent), if any, have been complied with. (b) Every certificate or opinion with respect to compliance with a condition or covenant provided for in this Indenture (other than the certificate provided pursuant to Section 10.3) shall include: (i) a statement by each individual signing such certificate or opinion that such individual has read such covenant or condition and the definitions herein relating thereto; (ii) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions of such individual contained in such certificate or opinion are based; (iii) a statement that, in the opinion of such individual, he or she has made such examination or investigation as is necessary to enable him or her to express an informed opinion as to whether or not such covenant or condition has been complied with; and (iv) a statement as to whether, in the opinion of such individual, such condition or covenant has been complied with.

  • Compliance Certification From time to time the Sub-Adviser shall provide such certifications with respect to Rule 38a-1 under the 1940 Act, as are reasonably requested by the Fund or the Manager. In addition, the Sub-Adviser will, from time to time, provide a written assessment of its compliance program in conformity with current industry standards that is reasonably acceptable to the Fund to enable the Fund to fulfill its obligations under Rule 38a-1 under the 1940 Act.

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