Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2014) an Officer’s Certificate stating (x) that in the course of the performance by the signer of its duties as an Officer of the Company it would normally have knowledge of any Default and (y) whether the signer thereof knows of any Default that occurred during the previous year and, if so, specifying each such Default, its status and what actions the Company is taking or proposing to take with respect thereto. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after obtaining knowledge 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.
Appears in 1 contract
Samples: Indenture (Enernoc Inc)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20142023) an Officer’s Certificate stating (x) that in the course a review has been conducted of the performance by the signer of its duties as an Officer of Company’s activities under this Indenture and the Company it would normally has fulfilled its obligations hereunder, and whether the authorized Officers thereof have knowledge of any Default and (y) whether by the signer thereof knows of any Default Company that occurred during the previous year that is then continuing and, if so, specifying each such Default, its status Default and what actions the Company is taking or proposing to take with respect theretonature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after obtaining knowledge the Company becomes aware of the occurrence of any Event of Default or Defaultand if such events are then continuing, 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.
Appears in 1 contract
Samples: Indenture (iQIYI, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20142016) an Officer’s Certificate stating (x) that in whether the course of the performance by the signer of its duties as an Officer of the Company it would normally signers thereof have knowledge of any Default, Event of Default or other failure by the Company to comply with all conditions and (y) whether the signer thereof knows of any Default that occurred during the previous year covenants then required to be performed under this Indenture and, if so, specifying each such Default, its status Event of Default or other such failure and what actions the Company is taking or proposing to take with respect theretonature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after obtaining knowledge 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 and the action that the Company is taking or proposing to take in respect thereof.
Appears in 1 contract
Samples: Indenture (NantHealth, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20142023) an Officer’s Certificate stating (x1) that in the course a review has been conducted of the performance by the signer of its duties as an Officer activities of the Company, its Subsidiaries and of the REIT and their respective performance under this Indenture and (2) that the Company it would normally and the REIT have knowledge fulfilled all obligations under this Indenture (such compliance to be determined without regard to any period of grace or requirement of notice provided under this Indenture) or specifying any Event of Default and (y) whether the signer thereof knows of any Default that occurred during the previous year and, if so, specifying each such Default, its status and what actions the Company is taking or proposing to take with respect theretonature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event Trustee within 30 calendar days after obtaining knowledge an Officer of the Company becomes aware of the occurrence of any Default or Event of Default or Default, an Officer’s Certificate setting forth the details of such Default or Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof.
Appears in 1 contract
Samples: Welltower OP LLC
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December January 31, 20142015) an Officer’s Officers’ Certificate stating (x) that in the course of the performance by the signer signers of its their duties as an Officer Officers of the Company it they would normally have knowledge of any Default and (y) whether the signer signers thereof knows know of any Default that occurred during the previous year and, if so, specifying each such Default, its status and what actions the Company is taking or proposing to take with respect thereto. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after obtaining knowledge the occurrence of any Event of Default or Default, an Officer’s Officers’ 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.
Appears in 1 contract
Samples: Uti Worldwide (UTi WORLDWIDE INC)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20142021) an Officer’s Officers’ Certificate stating (x1) that in the course a review has been conducted of the performance by activities of the signer of Company, its duties as an Officer Subsidiaries and of the Company it would normally have knowledge and their respective performance under this Indenture and (2) that the Company has fulfilled all obligations under this Indenture (such compliance to be determined without regard to any period of grace or requirement of notice provided under this Indenture) or specifying any Event of Default and (y) whether the signer thereof knows of any Default that occurred during the previous year and, if so, specifying each such Default, its status and what actions the Company is taking or proposing to take with respect theretonature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event Trustee within 30 calendar days after obtaining knowledge an Officer of the Company becomes aware of the occurrence of any Default or Event of Default or Default, an Officer’s Officers’ Certificate setting forth the details of such Default or Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof.
Appears in 1 contract
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December July 31, 20142022) an Officer’s Certificate stating (x) that in whether the course of the performance by the signer of its duties as an Officer of the Company it would normally signers thereof have knowledge of any Default failure by the Company to comply with all conditions and (y) whether the signer thereof knows of any Default that occurred during the previous year covenants then required to be performed under this Indenture and, if so, specifying each such Default, its status failure and what actions the nature thereof; provided that the Company is taking not required to deliver such notice if such Event of Default or proposing to take with respect theretoDefault has been cured. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after obtaining knowledge an officer of the Company becomes aware of 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.
Appears in 1 contract
Samples: Indenture (Nutanix, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20142019) an Officer’s Certificate stating (x) that in the course a review has been conducted of the performance by the signer of its duties as an Officer of Company’s activities under this Indenture and the Company it would normally has fulfilled its obligations hereunder, and whether the authorized Officers thereof have knowledge of any Default and (y) whether by the signer thereof knows of any Default Company that occurred during the previous year that is then continuing and, if so, specifying each such Default, its status Default and what actions the Company is taking or proposing to take with respect theretonature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after obtaining knowledge the Company becomes aware of the occurrence of any Event of Default or Defaultif such Default is then continuing, 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.
Appears in 1 contract
Samples: Wilmington Trust (Sea LTD)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20142013) an Officer’s Officers' Certificate stating (x) that in whether the course of the performance by the signer of its duties as an Officer of the Company it would normally signers thereof have knowledge of any Default failure by the Company to comply with all conditions and (y) whether the signer thereof knows of any Default that occurred during the previous year covenants then required to be performed under this Indenture and, if so, specifying each such Defaultfailure and the nature thereof. The Officers' Certificate to be provided pursuant to this Section 4.08 shall be executed by the principal executive officer, its status and what actions principal financial officer or principal accounting officer of the Company is taking or proposing to take with respect theretoCompany. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after obtaining knowledge the occurrence of any Event of Default or Default, an Officer’s Officers' 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.
Appears in 1 contract
Samples: Healthways, Inc
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20142013) an Officer’s Officers’ Certificate stating (x) that in whether the course of the performance by the signer of its duties as an Officer of the Company it would normally signers thereof have knowledge of any Default failure by the Company to comply with all conditions and (y) whether the signer thereof knows of any Default that occurred during the previous year covenants then required to be performed under this Indenture and, if so, specifying each such Defaultfailure and the nature thereof. The Officers’ Certificate to be provided pursuant to this Section 4.08 shall be executed by the principal executive officer, its status and what actions principal financial officer or principal accounting officer of the Company is taking or proposing to take with respect theretoCompany. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after obtaining knowledge the occurrence of any Event of Default or Default, an Officer’s Officers’ 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.
Appears in 1 contract
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20142013) an Officer’s Certificate stating (x) that in whether the course of the performance by the signer of its duties as an Officer of the Company it would normally signers thereof have knowledge of any Default failure by the Company to comply with all conditions and (y) whether the signer thereof knows of any Default that occurred during the previous year covenants then required to be performed under this Indenture and, if so, specifying each such Defaultfailure and the nature thereof. The Officer’s Certificate to be provided pursuant to this Section 4.08 shall be executed by the principal executive officer, its status and what actions principal financial officer or principal accounting officer of the Company is taking or proposing to take with respect theretoCompany. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after obtaining knowledge 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, unless such Event of Default or Default shall have been cured or waived before the delivery of such Officer’s Certificate.
Appears in 1 contract
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20142020) an Officer’s Certificate stating (x) that in the course a review has been conducted of the performance by the signer of its duties as an Officer of Company’s activities under this Indenture and the Company it would normally has fulfilled its obligations hereunder, and whether the authorized Officers thereof have knowledge of any Default and (y) whether by the signer thereof knows of any Default Company that occurred during the previous year that is then continuing and, if so, specifying each such Default, its status Default and what actions the Company is taking or proposing to take with respect theretonature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after obtaining knowledge the Company becomes aware of the occurrence of any Event of Default or Defaultif such Default is then continuing, 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.
Appears in 1 contract
Samples: Indenture (Sea LTD)