Common use of Compliance Certificates Clause in Contracts

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.

Appears in 364 contracts

Samples: Indenture (Zura Bio LTD), Indenture (Compass Therapeutics, Inc.), Indenture (Repare Therapeutics Inc.)

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Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 110 contracts

Samples: Indenture (Aquestive Therapeutics, Inc.), Indenture (Research Solutions, Inc.), Indenture (Sidus Space Inc.)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officerOfficer’s certificate Certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.

Appears in 39 contracts

Samples: Indenture (Semler Scientific, Inc.), Indenture (Butterfly Network, Inc.), Indenture (Butterfly Network, Inc.)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate Officers' Certificate stating whether or not the signers know of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s 's performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If any of the officer officers of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 14 contracts

Samples: Indenture (Sun Healthcare Group Inc), Indenture (Sun Healthcare Group Inc), Indenture (Nektar Therapeutics)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s a compliance certificate stating whether or not the signers know signer knows of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.1213.13, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 13 contracts

Samples: Indenture (Jayud Global Logistics LTD), Indenture (Qilian International Holding Group LTD), Indenture (Pop Culture Group Co., LTD)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s 's certificate stating whether or not the signers know of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s 's performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 9 contracts

Samples: Indenture (Hepion Pharmaceuticals, Inc.), Hepion Pharmaceuticals, Inc., AMERI Holdings, Inc.

Compliance Certificates. The Company or any Guarantors shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s 's certificate stating whether or not the signers know of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s 's performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 7 contracts

Samples: America West Holdings Corp, America West Holdings Corp, America West Holdings Corp

Compliance Certificates. The Company shall deliver to the Trustee, within 120 one hundred twenty (120) days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 6 contracts

Samples: Hoth Therapeutics, Inc., Hoth Therapeutics, Inc., Guardion Health Sciences, Inc.

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate Officers’ Certificate stating whether or not the signers know of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If any of the officer officers of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 6 contracts

Samples: Indenture (Highpower International, Inc.), Green Plains Inc., Indenture (Highpower International, Inc.)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officerOfficer’s certificate Certificate stating whether or not the signers know of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.1214.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If any of the officer officers of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 5 contracts

Samples: Indenture (Inspiration Media Inc), Indenture (Air Hot, Inc.), Indenture (South Texas Broadcasting Inc)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.

Appears in 4 contracts

Samples: Ardea Biosciences, Inc./De, Ardea Biosciences, Inc./De, Sequenom Inc

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company Company, stating to the best of his or her knowledge, that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.1213.11, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 4 contracts

Samples: Indenture (Blackstone Mortgage Trust, Inc.), Indenture (Blackstone Mortgage Trust, Inc.), Indenture (Blackstone Mortgage Trust, Inc.)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officerOfficer’s certificate Certificate stating whether or not the signers know of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company Issuers and the Company’s Issuers’ performance under this Indenture and that the Company has Issuers have complied with all conditions and covenants under this Indenture. For purposes of this Section 13.1214.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If any of the officer officers of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 4 contracts

Samples: Indenture (CyrusOne Foreign Holdings LLC), Indenture (CyrusOne Inc.), Indenture (CyrusOne Finance Corp.)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officerOfficer’s certificate Certificate stating whether or not the signers know of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If any of the officer officers of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 3 contracts

Samples: Indenture (Nvidia Corp), Indenture (Nvidia Corp), Indenture (Nvidia Corp)

Compliance Certificates. (a) The Company shall deliver to the Trustee, within 120 90 days after the end of each of the Company's fiscal years, commencing with the Company's fiscal year during which any Securities of any series were outstandingending December 31, 1997, an officer’s certificate Officer's Certificate stating whether or not the signers know signer knows of any Default or Event of Default that occurred during such fiscal yearDefault. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted as to his or her knowledge of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied 's compliance with all conditions and covenants under this Junior Indenture. For purposes of this Section 13.124.04(a), such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Junior Indenture. If the officer of the Company signing such certificate has knowledge Officer does know of such an a Default or Event of Default, the certificate Officer's Certificate shall describe any such Default or Event of Default Default, and its status. Such Officer's Certificate need not comply with Sections 12.04 and 12.05 hereof.

Appears in 3 contracts

Samples: Heco Capital Trust I, Hawaiian Electric Co Inc, Hawaiian Electric Co Inc

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s 's certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s 's performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.

Appears in 3 contracts

Samples: Indenture (Seelos Therapeutics, Inc.), Indenture (Actinium Pharmaceuticals, Inc.), S&W Seed Co

Compliance Certificates. (a) The Company shall deliver to the Trustee, within 120 90 days after the end of each of the Company’s fiscal years, commencing with the Company’s fiscal year during which any Securities of any series were outstandingending December 31, 2004, an officerOfficer’s certificate Certificate stating whether or not the signers know signer knows of any Default or Event of Default that occurred during such fiscal yearDefault. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted as to his or her knowledge of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied compliance with all conditions and covenants under this Junior Indenture. For purposes of this Section 13.124.04(a), such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Junior Indenture. If the officer of the Company signing such certificate has knowledge Officer does know of such an a Default or Event of Default, the certificate Officer’s Certificate shall describe any such Default or Event of Default Default, and its status. Such Officer’s Certificate need not comply with Sections 12.04 and 12.05.

Appears in 3 contracts

Samples: Junior Indenture (Hawaiian Electric Co Inc), Junior Indenture (Maui Electric Co LTD), Junior Indenture (Hawaiian Electric Co Inc)

Compliance Certificates. (a) The Company shall deliver to the Trustee, within 120 90 days after the end of each of the Company's fiscal years, commencing with the Company's fiscal year during which any Securities of any series were outstandingending December 31, 1998, an officer’s certificate Officer's Certificate stating whether or not the signers know signer knows of any Default or Event of Default that occurred during such fiscal yearDefault. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted as to his or her knowledge of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied 's compliance with all conditions and covenants under this Junior Indenture. For purposes of this Section 13.124.04(a), such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Junior Indenture. If the officer of the Company signing such certificate has knowledge Officer does know of such an a Default or Event of Default, the certificate Officer's Certificate shall describe any such Default or Event of Default Default, and its status. Such Officer's Certificate need not comply with Sections 11.04 and 11.05 hereof.

Appears in 2 contracts

Samples: Hawaiian Electric Co Inc, Heco Capital Trust Ii

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officerOfficer’s certificate Certificate stating whether or not the signers know signer knows of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such a Default or an Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 2 contracts

Samples: Indenture (Chart Industries Inc), Indenture (Chart Industries Inc)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s a compliance certificate stating whether or not the signers know signer knows of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 2 contracts

Samples: Indenture (Apex Silver Mines LTD), Favrille Inc

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.1214.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.

Appears in 2 contracts

Samples: Indenture (Seacor Holdings Inc /New/), Era Group Inc.

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series Series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.

Appears in 2 contracts

Samples: LHC Group, Inc, Pingtan Marine Enterprise Ltd.

Compliance Certificates. (a) The Company shall deliver to the Trustee, within 120 90 days after the end of each of the Company’s fiscal years, commencing with the Company’s fiscal year during which any Securities of any series were outstandingending December 31, 2004, an officerOfficer’s certificate Certificate stating whether or not the signers know signer knows of any Default or Event of Default that occurred during such fiscal yearDefault. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted as to his or her knowledge of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied compliance with all conditions and covenants under this Junior Indenture. For purposes of this Section 13.124.04(a), such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Junior Indenture. If the officer of the Company signing such certificate has knowledge Officer does know of such an a Default or Event of Default, the certificate Officer’s Certificate shall describe any such Default or Event of Default Default, and its status. Such Officer’s Certificate need not comply with Sections 11.04 and 11.05.

Appears in 2 contracts

Samples: Junior Indenture (Maui Electric Co LTD), Junior Indenture (Hawaiian Electric Co Inc)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officerOfficer’s certificate Certificate stating whether or not the signers know signer knows of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 2 contracts

Samples: Indenture (Avigen Inc \De), Indenture (ICO Global Communications (Holdings) LTD)

Compliance Certificates. (a) The Company shall deliver to the Trustee, within 120 90 days after the end of each of the Company's fiscal years, commencing with the Company's fiscal year during which any Securities of any series were outstandingending December 31, 1998, an officer’s certificate Officer's Certificate stating whether or not the signers know signer knows of any Default or Event of Default that occurred during such fiscal yearDefault. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted as to his or her knowledge of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied 's compliance with all conditions and covenants under this Junior Indenture. For purposes of this Section 13.124.04(a), such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Junior Indenture. If the officer of the Company signing such certificate has knowledge Officer does know of such an a Default or Event of Default, the certificate Officer's Certificate shall describe any such Default or Event of Default Default, and its status. Such Officer's Certificate need not comply with Sections 12.04 and 12.05 hereof.

Appears in 2 contracts

Samples: Heco Capital Trust Ii, Hawaiian Electric Co Inc

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s a compliance certificate stating whether or not the signers know signer knows of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s 's performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 2 contracts

Samples: Onyx Pharmaceuticals Inc, Onyx Pharmaceuticals Inc

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know signer knows of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.. [Signature Page Follows] 42

Appears in 1 contract

Samples: Indenture (Avigen Inc \De)

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Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.. EXHIBIT 4.6

Appears in 1 contract

Samples: Remark Holdings, Inc.

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.1213.11, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status. [Signature Page Follows.]

Appears in 1 contract

Samples: Indenture (Nexvet Biopharma PLC)

Compliance Certificates. The Company shall will deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall will contain a certification from the principal executive officer, principal financial officer officer, or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall will be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall will describe any such Event of Default and its status.

Appears in 1 contract

Samples: Snap Inc

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status. 31.

Appears in 1 contract

Samples: Indenture (Alexza Pharmaceuticals Inc.)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions 42 and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.

Appears in 1 contract

Samples: Indenture (Senseonics, Inc)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether 210784776 v4 or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.

Appears in 1 contract

Samples: Liminal BioSciences Inc.

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.. Table of Contents ARTICLE 14

Appears in 1 contract

Samples: Indenture (Senomyx Inc)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.. Table of Contents

Appears in 1 contract

Samples: Indenture (Senomyx Inc)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.. S46

Appears in 1 contract

Samples: Indenture (ARCA Biopharma, Inc.)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice 202554445 v2 47 provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.

Appears in 1 contract

Samples: Indenture (Flex Pharma, Inc.)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been 45 conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.

Appears in 1 contract

Samples: Scynexis Inc

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officerOfficer’s certificate Certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate Officer’s Certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.

Appears in 1 contract

Samples: Indenture (Twilio Inc)

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know signer knows of any Default or Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an a Default or Event of Default, the certificate shall describe any such Default or Event of Default and its status.

Appears in 1 contract

Samples: ICO Global Communications (Holdings) LTD

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.. ​

Appears in 1 contract

Samples: Aytu Biopharma, Inc

Compliance Certificates. The Company shall deliver to the Trustee, within 120 one hundred and twenty (120) days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.

Appears in 1 contract

Samples: Nevada Gold & Casinos Inc

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.. EXHIBIT 4.12

Appears in 1 contract

Samples: Remark Holdings, Inc.

Compliance Certificates. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year during which any Securities of any series were outstanding, an officer’s certificate stating whether or not the signers know of any Event of Default that occurred during such fiscal year. Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company that a review has been conducted of the activities of the Company and the Company’s performance under this Indenture and that the Company has complied with all conditions and covenants under this Indenture. For purposes of this Section 13.12, such compliance shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. If the officer of the Company signing such certificate has knowledge of such an Event of Default, the certificate shall describe any such Event of Default and its status.. 

Appears in 1 contract

Samples: Indenture (Century Casinos Inc /Co/)

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