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, 2018) an 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. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an 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 shall not be required to deliver such notice if such Default or Event of Default has been cured within the applicable grace period (if any) provided in this Indenture.
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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, 20182021) an Officers’ 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. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 shall not be required to deliver such notice Officer’s Certificate if such Default or Event of Default has been cured within the applicable grace period (if any) provided for in this Indenture.
Appears in 2 contracts
Samples: Indenture (Vertex Energy Inc.), Indenture (WisdomTree Investments, 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, 20182022) an Officers’ 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. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after one of the Company’s Officers becomes aware of the occurrence of any Default or Event of Default or Default, an Officers’ Officer’s Certificate setting forth the details of such Default or Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company shall is not be required to deliver such notice if such Default or Event of Default has been cured within the applicable grace period (if any) provided in this Indenture.
Appears in 2 contracts
Samples: Indenture (Cutera Inc), Indenture (Cutera 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, 20182021) an Officers’ Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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, that the Company shall is not be required to deliver such notice if such Default or Event of Default has been cured within the applicable grace period (if any) as provided for in this Indenture.
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Samples: Indenture (Dropbox, Inc.), Indenture (Dropbox, 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, 20182024) an Officers’ 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 previous year and covenants then required to be performed under this Indenture 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, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 shall not be required to deliver such notice Officer’s Certificate if such Default or Event of Default has been cured within the applicable grace period (if any) provided for in this Indenture.
Appears in 1 contract
Samples: Indenture (Jetblue Airways 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, 20182024) an Officers’ 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. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 shall not be required to deliver such notice Officer’s Certificate if such Default or Event of Default has been cured within the applicable grace period (if any) provided for in this Indenture.
Appears in 1 contract
Samples: Indenture (WisdomTree, 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, 20182021) an Officers’ 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 previous year and covenants then required to be performed under this Indenture 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, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 shall not be required to deliver such notice Officer’s Certificate if such Default or Event of Default has been cured within the applicable grace period (if any) provided for in this Indenture.
Appears in 1 contract
Samples: Indenture (Jetblue Airways 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, 20182020) an Officers’ Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 shall not be required to deliver any such notice if such the relevant Default or Event of Default has been cured within the applicable grace period (if any) provided in this Indentureor 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, 20182023) an Officers’ 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. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after one of the Company’s Officers becomes aware of the occurrence of any Default or Event of Default or Default, an Officers’ Officer’s Certificate setting forth the details of such Default or Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company shall is not be required to deliver such notice if such Default or Event of Default has been cured within the applicable grace period (if any) provided in this Indenture.
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, 20182019) an Officers’ 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 fiscal year and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 shall is not be required to deliver such notice if of such Default or Event of Default has events that have been cured within the applicable grace period (if any) provided in this IndentureIndenture or are no longer continuing.
Appears in 1 contract
Samples: Indenture (Vonage Holdings 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, 20182020) an 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. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an 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 shall not be required to deliver such notice if such Default or Event of Default has been cured within the applicable grace period (if any) provided in this Indenture.
Appears in 1 contract
Samples: Indenture (Redfin 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, 20182024) an Officers’ 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. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after one of the Company’s Officers becomes aware of the occurrence of any Default or Event of Default or Default, an Officers’ Officer’s Certificate setting forth the details of such Default or Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company shall is not be required to deliver such notice if such Default or Event of Default has been cured within the applicable grace period (if any) provided in this Indenture.
Appears in 1 contract
Samples: Indenture (Repligen 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, 20182019) an Officers’ Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 shall not be required to deliver such notice certificate if such Event of Default or Event of Default has been cured within the applicable grace period (if any) provided in this Indentureherein.
Appears in 1 contract
Samples: Indenture (Pluralsight, 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, 20182023) an Officers’ 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 Event of Default hereunder and, if so, specifying each such failure Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 shall not be required to deliver such notice Officer’s Certificate if such Default or Event of Default or Default, as applicable, has been cured or waived within the applicable grace period (period, if any) provided in this Indenture, as set forth herein.
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 March 31, 20182019) an Officers’ 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 fiscal year and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event Trustee within 30 days after an Officer of the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officers’ 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 shall is not be required to deliver such notice if such Event of Default or Event of Default has been cured within the applicable grace period (if any) provided in this Indenture.
Appears in 1 contract
Samples: Indenture (New Relic, 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, 20182021) an Officers’ 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. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after one of the Company’s Officers becomes aware of the occurrence of any Default or Event of Default or Default, an Officers’ Officer’s Certificate setting forth the details of such Default or Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company shall is not be required to deliver such notice if such Default or Event of Default has been cured within the applicable grace period (if any) provided in this Indenture.
Appears in 1 contract
Samples: Indenture (Cutera 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, 20182022) an Officers’ 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 years 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, as soon as possible, and in any event Trustee within 30 days after the occurrence of any Event of Default or Default, an 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 provided, however, that the Company shall is not be required to deliver such notice Officers’ Certificate in respect of a Default if such Default or Event of Default has been cured 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 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December January 31, 20182022) an Officers’ 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. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after one of the Company’s Officers becomes aware of the occurrence of any Default or Event of Default or Default, an Officers’ Officer’s Certificate setting forth the details of such Default or Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company shall is not be required to deliver such notice if such Default or Event of Default has been cured within the applicable grace period (if any) provided in this Indenture.
Appears in 1 contract
Samples: Indenture (Box Inc)
Compliance Certificate; Statements as to Defaults. (a) The Company shall deliver to the Trustee Trustee, within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2018) 2023), an Officers’ Officer’s Certificate that need not comply with Section 17.06 stating whether the signers thereof have knowledge of any failure by Default that occurred during the Company to comply with all conditions previous year and covenants is then required to be performed under this Indenture continuing and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, thereof and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ Certificate setting forth the details of such Event of Default or Default, its status and the what action that the Company is taking or proposing proposes to take in with respect thereofthereto.
(b) The Company shall, so long as any of the Notes are outstanding, deliver to the Trustee an Officer’s Certificate within 30 days after an Officer of the Company becomes aware any event that would constitute a Default or Event of Default, the status and what action the Company is taking or proposes to take with respect thereto; provided that the Company shall is not be required to deliver such notice if of such Default or Event of Default has events that have been cured within the applicable grace period (if any) provided in this IndentureIndenture or are no longer continuing.
Appears in 1 contract
Samples: Indenture (On Semiconductor 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, 2018) an Officers’ Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 shall not be required to deliver any such notice if such the relevant Default or Event of Default has been cured within the applicable grace period (if any) provided in this Indentureor is no longer continuing.
Appears in 1 contract
Samples: Indenture (Five9, Inc.)
Compliance Certificate; Statements as to Defaults. (a) The Company shall deliver to the Trustee Trustee, within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2018) 2021), an Officers’ Officer’s Certificate that need not comply with Section 17.06 stating whether the signers thereof have knowledge of any failure by Default that occurred during the Company to comply with all conditions previous year and covenants is then required to be performed under this Indenture continuing and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, thereof and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ Certificate setting forth the details of such Event of Default or Default, its status and the what action that the Company is taking or proposing proposes to take in with respect thereofthereto.
(b) The Company shall, so long as any of the Notes are outstanding, deliver to the Trustee an Officer’s Certificate within 30 days after an Officer of the Company becomes aware any event that would constitute a Default or Event of Default, the status and what action the Company is taking or proposes to take with respect thereto; provided that the Company shall is not be required to deliver such notice if of such Default or Event of Default has events that have been cured within the applicable grace period (if any) provided in this IndentureIndenture or are no longer continuing.
Appears in 1 contract
Samples: Indenture (On Semiconductor 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[June 30, 20182022]7) an Officers’ 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. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 shall not be required to deliver such notice Officer’s Certificate if such Default or Event of Default has been cured 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 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December January 31, 20182025) an Officers’ 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. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after one of the Company’s Officers becomes aware of the occurrence of any Default or Event of Default or Default, an Officers’ Officer’s Certificate setting forth the details of such Default or Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company shall is not be required to deliver such notice if such Default or Event of Default has been cured within the applicable grace period (if any) provided in this Indenture.
Appears in 1 contract
Samples: Indenture (Box Inc)