Common use of Incumbency Clause in Contracts

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Date.

Appears in 142 contracts

Samples: Credit Agreement (Dycom Industries Inc), Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Hyatt Hotels Corp)

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Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Effective Date.

Appears in 24 contracts

Samples: Credit Agreement (Chattem Inc), 364 Day Credit Agreement (Maxim Group Inc /), Credit Agreement (Ivex Packaging Corp /De/)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary of such Credit Party to be true and correct as of the Closing Date.

Appears in 14 contracts

Samples: Credit Agreement (Quest Diagnostics Inc), Bridge Credit Agreement (Quest Diagnostics Inc), Multi Year Revolving Credit Agreement (Polaris Industries Inc/Mn)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary (pursuant to a secretary’s certificate in substantially the form of Schedule 4.1-1 attached hereto) to be true and correct as of the Closing Date.

Appears in 9 contracts

Samples: Credit Agreement (Roanoke Electric Steel Corp), Credit Agreement (Red Robin Gourmet Burgers Inc), Credit Agreement (Red Robin Gourmet Burgers Inc)

Incumbency. An incumbency certificate of each such Credit Party certified by a secretary or assistant secretary of such Credit Party to be true and correct as of the Closing Effective Date.

Appears in 9 contracts

Samples: Revolving Credit Agreement (Pan Pacific Retail Properties Inc), Revolving Credit Agreement (Pan Pacific Retail Properties Inc), Term Credit Agreement (Pan Pacific Retail Properties Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary (pursuant to a secretary’s certificate in substantially the form of Schedule 4.1(b) attached hereto) to be true and correct as of the Closing Date.

Appears in 8 contracts

Samples: Credit Agreement (Newark Group Inc), Bridge Credit Agreement (GateHouse Media, Inc.), First Lien Credit Agreement (GateHouse Media, Inc.)

Incumbency. An incumbency certificate of each Credit Party ---------- certified by a secretary or assistant secretary to be true and correct as of the Closing Date.

Appears in 8 contracts

Samples: Credit Agreement (Gorges Quik to Fix Foods Inc), Credit Agreement (Advanced Glassfiber Yarus LLC), Credit Agreement (Lincare Holdings Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary pursuant to the Secretary Certificate substantially in the form of Exhibit D (“Secretary’s Certificate”) to be true and correct as of the Closing Date, in form and substance satisfactory to Administrative Agent.

Appears in 7 contracts

Samples: Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary (pursuant to a secretary's certificate in substantially the form of Schedule 4.1-1 attached hereto) to be true and correct as of the Closing Date.

Appears in 7 contracts

Samples: Credit Agreement (Red Robin Gourmet Burgers Inc), Credit Agreement (Orthofix International N V), Credit Agreement (Medsource Technologies Inc)

Incumbency. An incumbency certificate of each Original Credit Party certified by a secretary or assistant secretary to be true and correct as of the Original Closing Date.

Appears in 5 contracts

Samples: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)

Incumbency. An incumbency certificate of each the general partner(s) of such Credit Party Party, certified by a secretary or assistant secretary of such general partner to be true and correct as of the Closing Date.

Appears in 5 contracts

Samples: Credit Agreement (Brandywine Realty Trust), Credit Agreement (Brandywine Realty Trust), Credit Agreement (Brandywine Realty Trust)

Incumbency. An incumbency certificate of each Credit Party and each corporate general partner or managing member of a Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Date.

Appears in 5 contracts

Samples: Credit Agreement (Dollar Tree Inc), Credit Agreement (Dollar Tree Stores Inc), Credit Agreement (Dollar Tree Stores Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary Responsible Officer (pursuant to the Closing Officer’s Certificate) to be true and correct as of the Closing Date.

Appears in 4 contracts

Samples: Credit Agreement (Northstar Realty), Credit Agreement (CapLease, Inc.), Credit Agreement (Gramercy Capital Corp)

Incumbency. An incumbency certificate of each such Credit Party certified by a secretary or assistant secretary of such Credit Party to be true and correct as of the Closing Date.

Appears in 4 contracts

Samples: Credit Agreement (Davel Communications Inc), Credit Agreement (Phonetel Technologies Inc), Credit Agreement (Davel Communications Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary (pursuant to a secretary’s certificate in substantially the form of Exhibit 4.1(b) attached hereto) to be true and correct as of the Closing Date.

Appears in 3 contracts

Samples: Credit Agreement (Red Robin Gourmet Burgers Inc), Credit Agreement (Red Robin Gourmet Burgers Inc), Credit Agreement (Red Robin Gourmet Burgers Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary Responsible Officer (pursuant to the Closing Officer’s Certificate) to be true and correct as of the Closing Restatement Date.

Appears in 3 contracts

Samples: Credit Agreement (Northstar Realty), Credit Agreement (Arbor Realty Trust Inc), Credit Agreement (CapLease, Inc.)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing First Amendment Effective Date.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Aaipharma Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Initial Funding Date.

Appears in 3 contracts

Samples: Credit Agreement (Knoll Inc), Credit Agreement (Knoll Inc), Credit Agreement (American Medical Systems Holdings Inc)

Incumbency. An incumbency certificate of each such Credit Party certified by a secretary the sole or assistant secretary managing member of such Credit Party to be true and correct as of the Closing Date.

Appears in 3 contracts

Samples: Credit Agreement (Davel Communications Inc), Credit Agreement (Phonetel Technologies Inc), Credit Agreement (Davel Communications Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Date, in substantially the form of Schedule 4.1(b) hereto.

Appears in 3 contracts

Samples: Credit Agreement (Sunair Electronics Inc), Credit Agreement (Stec, Inc.), Credit Agreement (Right Management Consultants Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Third Amendment Effective Date.

Appears in 2 contracts

Samples: Credit Agreement (Gencorp Inc), Credit Agreement (Airgas Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Datedate hereof.

Appears in 2 contracts

Samples: Credit Agreement (Alliance One International, Inc.), Credit Agreement (Nci Building Systems Inc)

Incumbency. An incumbency certificate or its equivalent (if any) of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Date.

Appears in 2 contracts

Samples: Credit Agreement (Alliance One International, Inc.), Credit Agreement (Alliance One International, Inc.)

Incumbency. An incumbency certificate of each such Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Funding Date.

Appears in 2 contracts

Samples: Credit Agreement (Intermagnetics General Corp), Credit Agreement (Intermagnetics General Corp)

Incumbency. An incumbency certificate for each of each the Credit Party Parties certified by a secretary or assistant secretary to be true and correct as of the Closing Date.

Appears in 2 contracts

Samples: Credit Agreement (Pca International Inc), Credit Agreement (Pca International Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary of such Credit Party to be true and correct as of the Closing Datedate hereof.

Appears in 2 contracts

Samples: Credit Agreement (Gencorp Inc), Credit Agreement (Amedisys Inc)

Incumbency. An incumbency certificate of each Credit Party and each corporate general partner of a Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Date.

Appears in 2 contracts

Samples: Credit Agreement (Southern Foods Group L P), Credit Agreement (Suiza Foods Corp)

Incumbency. An incumbency certificate of each Credit Party ---------- certified by a secretary or assistant secretary to be true and correct as of the Closing Effective Date.

Appears in 2 contracts

Samples: Credit Agreement (Packaging Dynamics Corp), Credit Agreement (Chattem Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Original Closing Date.

Appears in 2 contracts

Samples: Senior Secured Working Capital Credit Facility (Transmontaigne Inc), Credit Agreement (Chiquita Brands International Inc)

Incumbency. An incumbency certificate of each such Credit Party certified by a secretary or assistant secretary (or the equivalent) of such Credit Party to be true and correct as of the Closing Date.. 43

Appears in 1 contract

Samples: Credit Agreement (Orthodontic Centers of America Inc /De/)

Incumbency. An incumbency certificate of each such Credit Party certified by a secretary or assistant secretary (or the equivalent) of such Credit Party to be true and correct as of the Closing Date.

Appears in 1 contract

Samples: Bridge Credit Agreement (Orthodontic Centers of America Inc /De/)

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Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing DateDate substantially in the form of Schedule 4.1(b) attached hereto.

Appears in 1 contract

Samples: Credit Agreement (Dan River Inc /Ga/)

Incumbency. An incumbency certificate of each Credit Party ---------- that is a corporation, certified by a secretary or assistant secretary to be true and correct as of the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Deltic Timber Corp)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary of such Credit Party to be true and correct as of the Closing Funding Date.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Quest Diagnostics Inc)

Incumbency. An incumbency certificate of each Domestic Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Galey & Lord Inc)

Incumbency. An incumbency certificate of each the Credit Party Parties certified by a secretary, assistant secretary or assistant secretary general partner of such Credit Party, to be true and correct as of the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Nordstrom Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Restatement Effective Date.

Appears in 1 contract

Samples: Credit Agreement (Cca Prison Realty Trust)

Incumbency. An incumbency certificate of each Credit ---------- Party certified by a secretary or assistant secretary to be true and correct as of the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Potlatch Corp)

Incumbency. An incumbency certificate of each Credit Party ---------- certified by a secretary or assistant secretary to be true and correct as of the Original Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Chiquita Brands International Inc)

Incumbency. An incumbency certificate of each Credit Party that is a corporation certified by a secretary or assistant secretary of such Credit Party to be true and correct as of the Closing Effective Date.

Appears in 1 contract

Samples: Credit Agreement (United Dominion Realty Trust Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary or other authorized signatory to be true and correct as of the Closing Effective Date.

Appears in 1 contract

Samples: Credit Agreement (American Seafoods Group LLC)

Incumbency. An incumbency certificate of each of the Credit Party Parties and each corporate general partner of such Person, as applicable, certified by a secretary or assistant secretary to be true and correct as of the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Dean Foods Co/)

Incumbency. An incumbency A certificate of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Date., confirming the incumbency of the officer(s) of each Credit Party authorized to execute the Loan Documents, together with the matters disclosed in clauses (i) through (iv) hereinabove; to be substantially in the form of Exhibit J.

Appears in 1 contract

Samples: Credit Agreement (Industrial Distribution Group Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary ---------- or assistant secretary to be true and correct as of the Closing Datedate hereof.

Appears in 1 contract

Samples: Credit Agreement (Fritz Companies Inc)

Incumbency. An incumbency certificate of each ---------- Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Engineered Support Systems Inc)

Incumbency. An incumbency certificate of each Credit Party (other than Foreign Subsidiaries) certified by a secretary, assistant secretary or assistant secretary manager to be true and correct as of the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (CSS Industries Inc)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Second Restatement Effective Date.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America/Md)

Incumbency. An incumbency certificate of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Datedate hereof substantially in the form of Schedule 4.1(b) to the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Dan River Inc /Ga/)

Incumbency. An incumbency certificate of each Credit Party (or its general partner, as applicable) certified by a secretary or assistant secretary to be true and correct as of the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Covance Inc)

Incumbency. An incumbency ---------- certificate of each Credit Party certified by a secretary or assistant secretary to be true and correct as of the Closing Date.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Graybar Electric Co Inc)

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