Common use of Incumbency Certificates of Borrowers Clause in Contracts

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 27 contracts

Samples: Revolving Credit and Security Agreement (Green Plains Inc.), Revolving Credit and Security Agreement (TCP International Holdings Ltd.), Revolving Credit and Security Agreement (Green Plains Inc.)

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Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 23 contracts

Samples: Revolving Credit and Security Agreement (Akrion, Inc.), Revolving Credit and Security Agreement (Akrion, Inc.), Revolving Credit and Security Agreement (Allied Motion Technologies Inc)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary Authorized Officer of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant SecretaryAuthorized Officer;

Appears in 5 contracts

Samples: Revolving Credit and Security Agreement (ARKO Corp.), Revolving Credit and Security Agreement (ARKO Corp.), Revolving Credit and Security Agreement (ARKO Corp.)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each such Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 4 contracts

Samples: Revolving Credit and Security Agreement (Dreams Inc), Revolving Credit and Security Agreement (Intcomex, Inc.), Revolving Credit and Security Agreement (Phosphate Holdings, Inc.)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or Secretary, an Assistant Secretary or the Chief Executive Officer of each BorrowerBorrower and each Guarantor, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower and Guarantor, as applicable, executing this Agreement, the Guaranty, Guarantor Security Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary, Assistant Secretary or Assistant SecretaryChief Executive Officer;

Appears in 3 contracts

Samples: Term Loan and Security Agreement (ARKO Corp.), Term Loan and Security Agreement (GPM Petroleum LP), Term Loan and Security Agreement (GPM Petroleum LP)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary or the Manager of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 3 contracts

Samples: Revolving Credit and Security Agreement (Aventine Renewable Energy Holdings Inc), Revolving Credit and Security Agreement (Aventine Renewable Energy Holdings Inc), Revolving Credit and Security Agreement (Johnson Outdoors Inc)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or Chief Financial Officer, Secretary, an Assistant Secretary or the Manager, as applicable, of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Chief Financial Officer, Secretary or Assistant Secretary;

Appears in 3 contracts

Samples: Revolving Credit and Security Agreement (SMTC Corp), Revolving Credit and Security Agreement (SMTC Corp), Revolving Credit and Security Agreement (SMTC Corp)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Datedate of this Agreement, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 2 contracts

Samples: Revolving Credit, Term Loan and Security Agreement (Stream Global Services, Inc.), Revolving Credit, Term Loan and Security Agreement (Stream Global Services, Inc.)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or Secretary, an Assistant Secretary or Manager of each Borrower, as applicable, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary, Assistant Secretary or Assistant SecretaryManager;

Appears in 2 contracts

Samples: Export Import Revolving Credit and Security Agreement (Fairchild Corp), Revolving Credit and Security Agreement (Fairchild Corp)

Incumbency Certificates of Borrowers. Agent shall have ------------------------------------ received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Effective Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretaryofficer;

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Styrochem International LTD), Revolving Credit and Security Agreement (Styrochem International Inc)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other other Loan Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Virco MFG Corporation), Revolving Credit and Security Agreement (Virco MFG Corporation)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary (or other appropriate officer) of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant SecretarySecretary (or other appropriate officer);

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Bentley Systems Inc)

Incumbency Certificates of Borrowers. Agent shall have received ------------------------------------ a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit Loan and Security Agreement (Intelligroup Inc)

Incumbency Certificates of Borrowers. Administrative Agent shall have received a certificate of the Secretary or an Assistant Secretary of each BorrowerBorrower and each Guarantor, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Comforce Corp)

Incumbency Certificates of Borrowers. The Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Lesco Inc/Oh)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;; 55

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Foster L B Co)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Second Restated Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Geokinetics Inc)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each BorrowerBorrower or the General Partner of each Borrower that is a limited partnership, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower or such General Partner of such Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Imco Recycling Inc)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or Secretary, an Assistant Secretary or the Manager, as applicable, of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Avatech Solutions Inc)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;; (e)

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Terrace Holdings Inc)

Incumbency Certificates of Borrowers. Agent shall ------------------------------------ have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Effective Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretaryofficer;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Radnor Holdings Corp)

Incumbency Certificates of Borrowers. Agent shall have ------------------------------------ received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Air Methods Corp)

Incumbency Certificates of Borrowers. Agent shall have received a ------------------------------------ certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Eltrax Systems Inc)

Incumbency Certificates of Borrowers. Administrative Agent shall have received a certificate of the Secretary or an Assistant Secretary of each BorrowerBorrower and each Guarantor, dated the Original Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Comforce Corp)

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Incumbency Certificates of Borrowers. Agent shall have received a ------------------------------------ certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Effective Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretaryofficer;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Radnor Holdings Corp)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other DocumentsDocuments to which such Borrower is a party, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Crocs, Inc.)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each such Borrower executing this Agreement, the Other DocumentsDocuments to which it is a party, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Union Drilling Inc)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;.

Appears in 1 contract

Samples: Loan and Security Agreement (Lets Talk Cellular & Wireless Inc)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each such Borrower executing this Agreement, the Other Documents, Documents or any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Hutchinson Technology Inc)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary Secretary, Assistant Secretary, Officer or an Assistant Secretary Manager, as the case may be, of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers officers, managers or members, as the case may be, of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Secretary, Assistant Secretary, Officer of Manager, as the case may be;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Allegheny Technologies Inc)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Restatement Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit, Term Loan, Guaranty, and Security Agreement (Rocky Brands, Inc.)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower Borrower, executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Amrep Corp.)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Revolving Credit Notes and each of the Other Documents, any certificate and all certificates or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Image Entertainment Inc)

Incumbency Certificates of Borrowers. Agent shall have ------------------------------------ received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Air Methods Corp)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary or the Manager of each BorrowerBorrower and Katy, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower and Katy, as applicable, executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Katy Industries Inc)

Incumbency Certificates of Borrowers. Administrative Agent shall have received a certificate of the President, Chief Financial Officer, Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower Borrower, executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such President, Chief Financial Officer, Secretary or Assistant Secretary, as applicable;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Skullcandy, Inc.)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each such Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Financing Agreement (Cpac Inc)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Secretary or an Assistant Secretary of each Borrower, dated the Restated Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit, Capex Loan and Security Agreement (Geokinetics Inc)

Incumbency Certificates of Borrowers. Agent shall have received a certificate of the Chief Financial Officer, the Secretary or an Assistant Secretary Secretary, or the Managers of each Borrower, dated the Closing Date, as to the incumbency and signature of the officers of each Borrower executing this Agreement, the Other Documents, any certificate or other documents to be delivered by it pursuant hereto, together with evidence of the incumbency of such Chief Financial Officer, Manager, Secretary or Assistant Secretary;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Merisel Inc /De/)

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