Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee within thirty (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 (KORE Group Holdings, Inc.), Backstop Agreement (KORE Group Holdings, Inc.), Indenture (KORE Group Holdings, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 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 Default or Event of Default that has occurred and, if so, specifying each such failure Default or Event of Default and the nature thereof and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 no such Officer’s Certificate shall be required to deliver such notice if such Event of Default or Default has been curedcured or waived before the date the Company is required to deliver such Officer’s Certificate.
Appears in 4 contracts
Samples: Indenture (MARA Holdings, Inc.), Indenture (Alignment Healthcare, Inc.), Indenture (Alignment Healthcare, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 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 and, if so, specifying each such failure and the nature thereof and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee within thirty (30) 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 no notice is required if the event that would constitute a Default has been cured or waived before the date on which the Company is not required to deliver such notice if such Event of Default or Default has been curednotice.
Appears in 3 contracts
Samples: Indenture (Fluidigm Corp), Indenture (Blackline, Inc.), Indenture (Zynga Inc)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 and the nature thereof and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, within thirty (30) 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 such notice Officer’s Certificate if such Default or Event of Default or Default has been curedcured within the applicable grace period (if any) provided for in this Indenture.
Appears in 2 contracts
Samples: Indenture (PureCycle Technologies, Inc.), Indenture (WisdomTree, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 Default under the Company to comply with all conditions and covenants then required to be performed under this Indenture that occurred during such fiscal year and, if so, specifying each such failure Default and the nature thereof and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 curedcured in accordance with this Indenture, or is no longer continuing prior to the date on which such Officer’s Certificate is due.
Appears in 2 contracts
Samples: Indenture (Invitae Corp), Investment Agreement (Invitae Corp)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 provided, however, that the Company is shall not be required to deliver such notice Officer’s Certificate if such Event of Default or Default Default, as applicable, has been curedcured or waived within the applicable grace period, if any, set forth herein.
Appears in 2 contracts
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 by the Company under this Indenture Indenture, determined without regard to any period of grace or requirement of notice, during the previous year and, if so, specifying each such failure and the nature thereof and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, within thirty (30) 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 (Veoneer, Inc.), Indenture (Veoneer, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212025 Fiscal Year) 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 (Gannett Co., Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 year and, if so, specifying each such failure Default or Event of Default and the nature thereof and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, within thirty (30) 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 such notice Officer’s Certificate if such Default or Event of Default or Default has been curedcured within the applicable grace period (if any) provided for in this Indenture.
Appears in 1 contract
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 3128, 20212013) an Officer’s Certificate stating whether or not 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 such notice if such Event of Default or Default has been curedcured or waived before the date on which the Company is required to deliver such notice.
Appears in 1 contract
Samples: Indenture (Infinera Corp)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 '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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 30 days after an Officer of the Company becomes aware 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 such Officer's Certificate shall not be required to deliver such notice if the extent that such Event of Default or Default has been curedcured or waived in accordance with this Indenture prior to the date on which such Officer's Certificate is due.
Appears in 1 contract
Samples: Indenture (Scorpio Tankers Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 if such Event of Default or Default (as applicable) has been cured.
Appears in 1 contract
Samples: Indenture (Dermira, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) Fiscal Year 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 30 days after an 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 curedcured or waived including pursuant to Section 18.19 hereof.
Appears in 1 contract
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December July 31, 20212020) 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee within thirty (30) 30 calendar days after an Officer of the Company becomes aware of the occurrence of any Event of Default or Default, 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 no such Officer’s Certificate is required if the Company is not required to deliver such notice if event that would constitute such Event of Default or Default has been curedcured or waived before the date the Company is required to deliver such Officer’s Certificate.
Appears in 1 contract
Samples: Indenture (Palo Alto Networks Inc)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 and, if so, specifying each such failure and the nature thereof and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 no notice shall be required in respect of any Default if the event that would constitute a Default has been cured or waived before the date on which the Company is not required to deliver such notice if such Event of Default or Default has been curedpursuant to this Section 4.08.
Appears in 1 contract
Samples: Indenture (Harmonic Inc)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal calendar year of the Company (beginning with the fiscal calendar 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 and, if so, specifying each such failure and the nature thereof and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as reasonably practicable, and in any event within thirty (30) 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 Default or Event of Default or Default has been cured.
Appears in 1 contract
Samples: Indenture (Tilray, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 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 Default or Event of Default that has occurred and, if so, specifying each such failure Default or Event of Default and the nature thereof and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 no such Officer’s Certificate shall be required to deliver such notice if such Event of Default or Default has been curedcured or waived before the date the Company is required to deliver such Officer’s Certificate.
Appears in 1 contract
Samples: Indenture (Riot Platforms, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 3126, 20212020) an Officer’s Certificate stating whether or not 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 such notice if such Event of Default or Default has been curedcured or waived before the date on which the Company is required to deliver such notice.
Appears in 1 contract
Samples: Indenture (INFINERA Corp)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 Default or Event of Default that has occurred and, if so, specifying each such failure Default and the nature thereof and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 no such Officer’s Certificate shall be required to deliver such notice if such Event of Default or Default has been curedcured or waived before the date the Company is required to deliver such Officer’s Certificate.
Appears in 1 contract
Samples: Indenture (MKS Instruments Inc)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 curedcured or waived in accordance with this Indenture prior to the date on which such Officer’s Certificate is due.
Appears in 1 contract
Samples: Indenture (Scorpio Tankers Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212021 Fiscal Year) 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 (Gannett Co., Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee within thirty (30) days promptly 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 such notice if such Event of Default or Default has been curedcured or waived before the date on which the Company is required to deliver such notice.
Appears in 1 contract
Samples: Indenture (Burlington Stores, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee within thirty (30) days promptly 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 such notice if such Event of Default or Default has been curedcured or waived before the date on which the Company is required to deliver such notice.
Appears in 1 contract
Samples: Indenture (Xerox Corp)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee within thirty (30) days promptly 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 such notice if such Event of Default or Default has been curedcured or waived before the date on which the Company is required to deliver such notice.
Appears in 1 contract
Samples: Indenture (Burlington Stores, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 signer thereof have has 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee within thirty (30) 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 provided, however, that the Company is not required to deliver such notice Officer’s Certificate in respect of a Default if such Event of Default or Default has been curedcured within the applicable grace period (if any) as provided for in this Indenture.
Appears in 1 contract
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212016) 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 if such Event of Default or Default (as applicable) has been cured.
Appears in 1 contract
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31September 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 Default or Event of Default that has occurred and, if so, specifying each such failure Default or Event of Default and the nature thereof and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 no such Officer’s Certificate shall be required to deliver such notice if such Event of Default or Default has been curedcured or waived before the date the Company is required to deliver such Officer’s Certificate.
Appears in 1 contract
Samples: Indenture (Cleanspark, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 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 and, if so, specifying each such failure and the nature thereof and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee within thirty (30) days promptly 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 Event of Default or Default has been curedcured or waived before the date on which the Company is required to deliver such notice.
Appears in 1 contract
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December July 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 no such Officer’s Certificate shall be required if the event that would constitute a Default has been cured before the date the Company is not required to deliver such notice if such Event of Default or Default has been curedOfficer’s Certificate.
Appears in 1 contract
Samples: Indenture (Nutanix, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212013) 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 no notice is required if the Company is not Default or Event of Default has been cured or waived before the date we are required to deliver such notice if such Event of Default or Default has been curednotice.
Appears in 1 contract
Samples: Indenture (Medidata Solutions, Inc.)
Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 one hundred twenty (120) 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 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 and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 (Gannett Co., Inc.)