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, 2011) an Officers’ 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 or any other Default or Event of Default that occurred during such fiscal year and, if so, specifying each such failure, Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company becomes aware of 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 proposes to take with respect thereto.

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, 20112022) an Officers’ 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 or any other Default or Event of Default that occurred during such fiscal year and, if so, specifying each such failure, Default or Event of Default 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 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 proposes proposing to take with in respect theretothereof.

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, 20112008) an Officers’ Certificate stating whether or not 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 (without regard to any period of grace or any other Default or Event requirement of Default that occurred during such fiscal year notice provided hereunder) and, if so, specifying each such failure, Default or Event of Default 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 Officers’ Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposes to take with respect thereto.

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, 20112020) an Officers’ Officer’s Certificate (which need not comply with Section 16.05) 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 or any other Default or Event of Default that occurred during such fiscal year and, if so, specifying each such failure, Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, within promptly upon the occurrence thereof, and in any event, no later than 30 days after the Company becomes aware 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 proposes proposing to take with in respect theretothereof.

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, 20112014) an Officers’ Officer’s Certificate stating whether or not (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 failure by Default and (y) whether the Company to comply with all conditions and covenants then required to be performed under this Indenture or signer thereof knows of any other Default or Event of Default that occurred during such fiscal the previous year and, if so, specifying each such failureDefault, Default its status and what actions the Company is taking or Event of Default 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 Company becomes aware of the occurrence obtaining knowledge 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 proposes proposing to take with in respect theretothereof.

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, 20112019) an Officers’ 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 or not the signers authorized Officers thereof have knowledge of any failure Default 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 the previous year that is then 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 Company becomes aware of the occurrence of any Event of Default or Defaultif such Default is then continuing, 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 proposes proposing to take with in respect theretothereof.

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, 20112018) an Officers’ 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 or not the signers authorized Officers thereof have knowledge of any failure Default 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 the previous year that is then 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 Company becomes aware of the occurrence of any Event of Default or Defaultif such Default is then continuing, 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 proposes proposing to take with in respect theretothereof.

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, 20112023) an Officers’ 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 or not the signers authorized Officers thereof have knowledge of any failure Default 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 the previous year that is then 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 Company becomes aware of the occurrence of any Event of Default or Defaultand if such events are then continuing, 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 proposes proposing to take with in respect theretothereof.

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee Trustee, within 120 days after the end of each fiscal Fiscal year of the Company (beginning with the fiscal year Fiscal Year ending on December 31, 2011) 2024), an Officers’ Certificate Certificate, in substantially the form attached hereto as Exhibit C stating that the Company has fulfilled its obligations hereunder (on which the Trustee may rely conclusively on as to such compliance and shall not be liable to Holders or any other person for such reliance), and whether or not the signers authorized Officers thereof have knowledge of any failure Default 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 the previous year that is then 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 TrusteeTrustee as soon as reasonably practicable, but in any event within 30 days days, after the Company becomes aware of 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 proposes to take with in respect thereto.thereof. ​

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, 20112009) an Officers’ Certificate stating whether or not 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 (without regard to any period of grace or any other Default or Event requirement of Default that occurred during such fiscal year notice provided hereunder) and, if so, specifying each such failure, Default or Event of Default 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 Officers’ Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposes to take with respect thereto.

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, 20112008) an Officers’ Certificate stating whether or not 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 (without regard to any period of grace or any other Default or Event requirement of Default that occurred during such fiscal year notice provided hereunder) and, if so, specifying each such failure, Default or Event of Default 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 Officers’ Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposes to take with respect thereto.

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, 20112020) an Officers’ 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 or not the signers authorized Officers thereof have knowledge of any failure Default 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 the previous year that is then 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 Company becomes aware of the occurrence of any Event of Default or Defaultif such Default is then continuing, 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 proposes proposing to take with in respect theretothereof.

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, 20112010) an Officers’ 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 or any other Default or Event of Default that occurred during such fiscal year and, if so, specifying each such failure, Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, 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 Officers’ Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposes to take with respect thereto.

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, 20112015) an Officers’ Certificate stating that a review has been conducted of the Company’s activities under this Indenture and whether or not the signers Company has fulfilled its obligations hereunder, and whether the authorized Officers thereof have knowledge of any failure Default or potential Event of Default 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 the previous year and, if so, specifying each such failure, Default or potential Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company becomes aware of the occurrence of any Event of Default or or, written notice of any events that would constitute a Default, an Officers’ 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 proposes propose to take with in respect theretothereof.

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, 20112015) an Officers’ Certificate stating whether or not (x) that in the course of the performance by the signers thereof of their duties as Officers of the Company they would normally have knowledge of any failure by Default and (y) whether the Company to comply with all conditions and covenants then required to be performed under this Indenture or signers thereof know of any other Default or Event of Default that occurred during such fiscal the previous year and, if so, specifying each such failureDefault, Default its status and what actions the Company is taking or Event of Default 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 Company becomes aware of 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 proposes proposing to take with in respect theretothereof.