Common use of Compliance Certificate; Statements as to Defaults Clause in 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 (beginning with the fiscal year ending on December 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any Default, Event of Default or other failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each Default, Event of Default or other such failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof and the action that the Company is taking or proposing to take in respect thereof.

Appears in 2 contracts

Samples: Supplemental Indenture (NantHealth, Inc.), Note Purchase Agreement (NantHealth, Inc.)

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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 January 31, 20212015) an Officer’s Officers’ Certificate stating (x) that in the course of the performance by the signers of their duties as Officers of the Company they would normally have knowledge of any Default and (y) whether the signers thereof have knowledge know of any Default, Event of Default or other failure by 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 Default, Event of Default its status and what actions the Company is taking or other such failure and the nature thereofproposing to take with respect thereto. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s 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 and the action that the Company is taking or proposing to take in respect thereof.

Appears in 1 contract

Samples: Indenture (UTi WORLDWIDE INC)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212014) an Officer’s Certificate stating whether (x) that in the signers thereof course of the performance by the signer of its duties as an Officer of the Company it would normally have knowledge of any Default, Event Default and (y) whether the signer thereof knows of any Default or other failure by 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 Default, Event of Default its status and what actions the Company is taking or other such failure and the nature thereofproposing to take with respect thereto. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after the occurrence obtaining knowledge of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof and the action that the Company is taking or proposing to take in respect thereof.

Appears in 1 contract

Samples: Indenture (Enernoc Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 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 that a review has been conducted of the Company’s activities under this Indenture and the Company has fulfilled its obligations hereunder, and whether the signers authorized Officers thereof have knowledge of any Default, Event of Default or other failure by the Company to comply with all conditions and covenants that occurred during the previous year that is then required to be performed under this Indenture continuing and, if so, specifying each Default, Event of such Default or other 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 Company becomes aware of the occurrence of any Event of Default or Defaultif such Default is then continuing, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof and the action that the Company is taking or proposing to take in respect thereof.

Appears in 1 contract

Samples: Indenture (Sea 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 31, 20212020) an Officer’s Certificate stating that a review has been conducted of the Company’s activities under this Indenture and the Company has fulfilled its obligations hereunder, and whether the signers authorized Officers thereof have knowledge of any Default, Event of Default or other failure by the Company to comply with all conditions and covenants that occurred during the previous year that is then required to be performed under this Indenture continuing and, if so, specifying each Default, Event of such Default or other 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 Company becomes aware of the occurrence of any Event of Default or Defaultif such Default is then continuing, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof and the action that the Company is taking or proposing to take in respect thereof.

Appears in 1 contract

Samples: Indenture (Sea 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 31, 20212015) an Officer’s Certificate stating whether the signers thereof have knowledge of any Default, Event of Default or other failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each Default, Event of Default or other such failure and the nature thereof and the action that the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after 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 and the action thereof; provided that the Company is taking or proposing shall not be required to take in respect thereofdeliver such notice if such default has been cured.

Appears in 1 contract

Samples: Indenture (Xenoport Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year Fiscal Year of the Company (beginning with the fiscal year Fiscal Year ending on December March 31, 20212009) an Officer’s Officers’ Certificate stating whether or not the signers signer thereof have has knowledge of any Default, Event of Default or other failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, if so, specifying each Default, Event of Default or other 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 thirty days after 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 proposes to take in with respect thereof and the action that the Company is taking or proposing to take in respect thereofthereto.

Appears in 1 contract

Samples: Indenture (MF Global 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 31, 20212016) an Officer’s Certificate stating whether the signers thereof have knowledge of any Default, Event of Default or other failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each Default, Event of Default or other such failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof and the action that the Company is taking or proposing to take in respect thereof.

Appears in 1 contract

Samples: Indenture (NantHealth, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 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 that a review has been conducted of the Company’s activities under this Indenture and the Company has fulfilled its obligations hereunder, and whether the signers authorized Officers thereof have knowledge of any Default, Event of Default or other failure by the Company to comply with all conditions and covenants that occurred during the previous year that is then required to be performed under this Indenture continuing and, if so, specifying each Default, Event of such Default or other 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 Company becomes aware of the occurrence of any Event of Default or Defaultif such Default is then continuing, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof and the action that the Company is taking or proposing to take in respect thereof.

Appears in 1 contract

Samples: Indenture (Sea 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 31February 28, 20212015) an Officer’s Officers’ Certificate stating that a review has been conducted of the Company’s activities under this Indenture and whether the signers Company has fulfilled its obligations hereunder, and whether the authorized Officers thereof have knowledge of any Default, Default or potential Event of Default or other failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture that occurred during the previous year and, if so, specifying each Default, such Default or potential Event of Default or other 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 or, written notice of any events that would constitute a Default, an Officer’s Certificate setting forth the details status of such Event of Default or Default, its status those events and the what action that the Company is taking or proposing to take in respect thereof and the action that the Company is taking or proposing propose to take in respect thereof.

Appears in 1 contract

Samples: Indenture (TAL Education Group)

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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 31November 30, 20212008) an Officer’s Officers’ Certificate stating whether or not the signers signer thereof have has knowledge of any Default, Event of Default or other failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, if so, specifying each Default, Event of Default or other 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 thirty days after 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 proposes to take in with respect thereof and the action that the Company is taking or proposing to take in respect thereofthereto.

Appears in 1 contract

Samples: Indenture (Synnex 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, 20212010) an Officer’s Officers’ Certificate stating whether or not the signers thereof have knowledge of any Default, Event of Default or other failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture or any other Default or Event of Default and, if so, specifying each Defaultsuch failure, Default or Event of Default or other 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 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 proposes to take in with respect thereof and the action that the Company is taking or proposing to take in respect thereofthereto.

Appears in 1 contract

Samples: Indenture (Tower 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 July 31, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any Default, Event of Default or other failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each Default, Event of Default or other such failure and the nature thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured. In addition, the Company shall deliver to the 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 and the action that the Company is taking or proposing to take in respect thereof.

Appears in 1 contract

Samples: Indenture (Nutanix, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212011) an Officer’s Officers’ Certificate stating whether or not the signers thereof have knowledge of any Default, Event of Default or other failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture or any other Default or Event of Default that occurred during such fiscal year and, if so, specifying each Defaultsuch failure, Default or Event of Default or other 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 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 proposes to take in with respect thereof and the action that the Company is taking or proposing to take in respect thereofthereto.

Appears in 1 contract

Samples: Indenture (Take Two Interactive 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 31, 20212023) an Officer’s Certificate stating that a review has been conducted of the Company’s activities under this Indenture and the Company has fulfilled its obligations hereunder, and whether the signers authorized Officers thereof have knowledge of any Default, Event of Default or other failure by the Company to comply with all conditions and covenants that occurred during the previous year that is then required to be performed under this Indenture continuing and, if so, specifying each Default, Event of such Default or other 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 Company becomes aware of the occurrence of any Event of Default or Defaultand if such events are then continuing, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof and the action that the Company is taking or proposing to take in respect thereof.

Appears in 1 contract

Samples: Indenture (iQIYI, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212017) an Officer’s Officers’ Certificate stating whether the signers thereof have knowledge of any DefaultDefault that occurred during the previous year and whether the Company, Event to such signers’ knowledge, is in default in the performance or observance of Default or other failure by any of the Company to comply with all terms, provisions and conditions and covenants then required to be performed under of this Indenture and, if so, specifying each Default, Event of Default or other such failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s 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 and the action that the Company is taking or proposing to take in respect thereof.

Appears in 1 contract

Samples: Indenture (Heritage Insurance Holdings, Inc.)

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