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, 2021) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 9 contracts
Samples: Indenture (Cloudflare, Inc.), Indenture (Cloudflare, Inc.), Indenture (Upwork, Inc)
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, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 9 contracts
Samples: Indenture (Confluent, Inc.), Indenture (Unity Software Inc.), Indenture (John Bean Technologies CORP)
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, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 8 contracts
Samples: Uber Technologies (Uber Technologies, Inc), Indenture (OMNICELL, Inc), Indenture (Cardlytics, Inc.)
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, 2021) an Officer’s Officers’ Certificate stating whether the signers thereof have knowledge of any failure by default during the Company to comply with all conditions and covenants then required to be performed under this Indenture andprevious year, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as reasonably practicable, and in any event within 30 days after an officer of the Company becomes aware of 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; provided that the Company is shall not be required to deliver such notice if such the Event of Default or Default has been cured.
Appears in 6 contracts
Samples: Supplemental Indenture (Match Group, Inc.), Supplemental Indenture (Match Group, Inc.), Supplemental Indenture (Match Group, Inc.)
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, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 4 contracts
Samples: Uber Technologies (Uber Technologies, Inc), Indenture (CSG Systems International Inc), Indenture (Ionis Pharmaceuticals Inc)
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, 20212022) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 4 contracts
Samples: Indenture (Alnylam Pharmaceuticals, Inc.), Indenture (UpHealth, Inc.), Indenture (Impinj Inc)
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, 20212024) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 4 contracts
Samples: Designated Board Observer Agreement (Complete Solaria, Inc.), Indenture (Alarm.com Holdings, Inc.), Indenture (Tandem Diabetes Care Inc)
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 January 31, 20212019) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 3 contracts
Samples: Indenture (Splunk Inc), Indenture (Splunk Inc), Indenture (Docusign Inc)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries 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 within 30 thirty (30) days after an officer 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 2 contracts
Samples: Subscription Agreement (GigCapital4, Inc.), BigBear.ai Holdings, Inc.
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, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 2 contracts
Samples: Indenture (Axon Enterprise, Inc.), Indenture (Xometry, Inc.)
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 January 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 2 contracts
Samples: Indenture (PagerDuty, Inc.), Indenture (Splunk Inc)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 150 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 2 contracts
Samples: Indenture (Eos Energy Enterprises, Inc.), Eos Energy Enterprises, Inc.
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, 20212023) 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 Trustee, as soon as possible, and in any event within 30 days after 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; provided that the Company is will not be required to deliver such notice if such Event of Default or Default is no longer continuing or has been cured.
Appears in 2 contracts
Samples: Exchange and Investment Agreement (Nikola Corp), Nikola Corp
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries 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 within 30 thirty (30) days after an officer 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 2 contracts
Samples: Subscription Agreement (BOA Acquisition Corp.), Selina Hospitality PLC
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, 20212020) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 2 contracts
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 Parent (beginning with the fiscal year ending on December 31, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 2 contracts
Samples: Indenture (Spirit AeroSystems Holdings, Inc.), Indenture (American Water Works Company, Inc.)
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, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge signer thereto knows of any failure by Default or Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after an officer of the Company becomes aware obtaining knowledge 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; provided that the Company is shall not be required to deliver such notice in respect of a Default if such Event of Default or Default has been cured.
Appears in 2 contracts
Samples: Indenture (Snap Inc), Indenture (Snap Inc)
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 3129, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 1 contract
Samples: Indenture (Shake Shack Inc.)
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, 20212019) 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 during the previous year and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after an officer of the Company becomes aware obtaining knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Etsy Inc)
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, 20212022) 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 Trustee, as soon as possible, and in any event within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 1 contract
Samples: Unity Software (Unity Software Inc.)
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 March 31, 20212025) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Microchip Technology Incorporated (Microchip Technology Inc)
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 January 31, 2021) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Okta (Okta, Inc.)
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, 2021) an Officer’s 's Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s '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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Jamf Holding Corp.)
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, 20212022) 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 within 30 303 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
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, 20212017) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Hubspot Inc)
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 January 31, 20212020) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Okta (Okta, Inc.)
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, 20212024) an Officer’s Certificate stating whether the signers thereof have knowledge signer thereto knows of any failure by Default or Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after an officer of the Company becomes aware obtaining knowledge 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; provided that the Company is shall not be required to deliver such notice in respect of a Default if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Snap Inc)
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, 20212020) 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 Trustee, within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Zscaler, Inc.)
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, 20212019) an Officer’s Certificate stating whether the signers thereof have knowledge signer thereto knows of any failure by Default or Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after an officer of the Company becomes aware obtaining knowledge 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; provided that the Company is shall not be required to deliver such notice in respect of a Default if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Snap Inc)
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 31September 30, 20212020) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Cloudflare, Inc.)
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 January 31, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 1 contract
Samples: Indenture (Docusign, Inc.)
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 January 31, 20212019) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Okta, Inc.)
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, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous fiscal year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after an officer of the Company becomes aware obtaining knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Etsy Inc
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 31June 30, 2021) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Bill.com Holdings, Inc.)
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, 20212020) an Officer’s Certificate that need not comply with Section 17.05 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Microchip Technology Inc)
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 January 31, 20212023) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Convertible Note Subscription Agreement (L&F Acquisition Corp.)
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, 20212020) 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 within 30 days after an officer Officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Zendesk (Zendesk, Inc.)
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, 20212018) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 1 contract
Samples: Indenture (MINDBODY, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries 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 within 30 thirty (30) days after an officer 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Selina Hospitality PLC)
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, 20212022) an Officer’s Officers’ 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 in the previous year and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after an officer of the Company becomes aware of the occurrence of any Event of Default or DefaultDefault that is continuing, 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; , provided that no notice is required if the event that would constitute a Default has been cured or waived before the date the Company is not required to deliver such notice if such Event of Default or Default has been curednotice.
Appears in 1 contract
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, 2021) an Officer’s Officers’ 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 in the previous year and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after an officer of the Company becomes aware of the occurrence of any Event of Default or DefaultDefault that is continuing, 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; , provided that no notice is required if the event that would constitute a Default has been cured or waived before the date the Company is not required to deliver such notice if such Event of Default or Default has been curednotice.
Appears in 1 contract
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal calendar year of the Company (beginning with the fiscal calendar year ending on December 31, 20212020) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Luminex Corp)
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 31January 1, 20212024) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 1 contract
Samples: Indenture (Enovix Corp)
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, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Default or Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous fiscal year or is continuing and, if so, specifying each such failure Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtaining knowledge 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; provided that the Company is not required to deliver such notice if such Default or Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Under Armour, Inc.)
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 31June 30, 20212022) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Bill.com Holdings, Inc.)
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, 20212015) 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 Default or Event of Default under this Indenture that occurred during the previous fiscal year and, if so, specifying each such failure Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after an officer of the Company becomes aware obtaining knowledge 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; provided that the Company is not required to deliver such notice Officer’s Certificate if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Broadsoft, Inc.)
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, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge signer thereto knows of any failure by Default or Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after an officer of the Company becomes aware obtaining knowledge 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; provided that the Company is shall not be required to deliver such notice in respect of a Default if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Snap Inc)
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, 20212018) 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 within 30 days after an officer Officer of the Company becomes aware obtains knowledge 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; provided provided, however, that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Twilio Inc)
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, 20212017) an Officer’s Certificate stating whether the signers signer thereof have has knowledge of any failure by the Company to comply with all conditions and covenants then required to be performed under this the Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after an officer Executive Officer of the Company becomes aware 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; provided that the Company is shall not be required to deliver such notice an Officer’s Certificate if such Event of Default or Default has been cured.
Appears in 1 contract
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 31January 28, 20212024) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 1 contract
Samples: Semtech Corp
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, 20212018) 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 during the previous year and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after an officer of the Company becomes aware obtaining knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Etsy Inc)
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 31April 30, 20212025) 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 Trustee, as soon as possible, and in any event within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 1 contract
Samples: Indenture (Avid Bioservices, Inc.)
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, 20212018) 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 within 30 days after an officer Officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Zendesk, Inc.
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, 20212014) an Officer’s Officers’ 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 the Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after an officer of the Company becomes aware of 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; provided that the Company is shall not be required to deliver such notice an Officers’ Certificate if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: First Supplemental Indenture (Acorda Therapeutics Inc)
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 March 31, 20212020) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Impinj Inc)
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, 20212024) 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 within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Lyft, Inc.)
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 31January 29, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 1 contract
Samples: Indenture (Semtech Corp)
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, 20212018) an Officer’s Certificate stating whether the signers signer thereof have has 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 Trustee, as soon as possible, and in any event within 30 days after an officer Executive Officer of the Company becomes aware 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; provided that the Company is shall not be required to deliver such notice an Officer’s Certificate if such Event of Default or Default has been cured.
Appears in 1 contract
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, 20212020) 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 during the previous year and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after an officer of the Company becomes aware obtaining knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Etsy Inc)
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, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Default or Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Default or Event of Default, as the case may be, and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (TransMedics Group, Inc.)
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, 20212018) 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 Trustee, as soon as possible, and in any event within 30 days after 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; provided that the Company is shall not be required to deliver any such notice if such the relevant Default or Event of Default or Default has been curedcured within the applicable grace period (if any) or is no longer continuing.
Appears in 1 contract
Samples: Indenture (Five9, Inc.)
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, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Novavax Inc)
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, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Array Technologies, Inc.)
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, 20212022) 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 Trustee, as soon as possible, and in any event within 30 days after 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; provided that the Company is will not be required to deliver such notice if such Event of Default or Default is no longer continuing or has been cured.
Appears in 1 contract
Samples: Nikola Corp
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 31October 1, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 1 contract
Samples: Indenture (Tetra Tech Inc)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 150 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 1 contract
Samples: Eos Energy Enterprises, Inc.
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, 20212022) 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 Default or Event of Default under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within 30 days after 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; provided that the Company is not required to deliver such notice if such Event of Default or Default is no longer continuing or has been cured.
Appears in 1 contract
Samples: Indenture (Cazoo Group LTD)
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 January 31, 20212024) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 1 contract
Samples: Indenture (PagerDuty, Inc.)
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, 20212014) 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 Trustee, as soon as possible, and in any event within 30 days after 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; provided that the Company is such Officer’s Certificate shall not be required to deliver such notice if the extent that such Event of Default or Default has been cured.been
Appears in 1 contract
Samples: Indenture (Scorpio Tankers Inc.)
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, 20212019) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been curedcured or is no longer continuing.
Appears in 1 contract
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 Guarantor (beginning with the fiscal year ending on December 31, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by Default or Event of Default that occurred during the Company to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, within 30 days after an officer of the Company becomes aware obtains knowledge 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Ventas, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) 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 within 30 thirty (30) days after an officer 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; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured.
Appears in 1 contract