Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Date.
Appears in 42 contracts
Samples: Revolving Credit Facility (Nordstrom Inc), Credit Agreement (Oglethorpe Power Corp), Credit Agreement (Oglethorpe Power Corp)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 42 contracts
Samples: Term Loan Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico), Term Loan Agreement (PNM Resources Inc)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Date.
Appears in 9 contracts
Samples: Credit Agreement (Tredegar Corp), Credit Agreement (Triad Hospitals Inc), Credit Agreement (Apria Healthcare Group Inc)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Datesuch date.
Appears in 8 contracts
Samples: Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Restatement Date.
Appears in 7 contracts
Samples: Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico)
Incumbency. An incumbency certificate of the such Borrower certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Effective Date.
Appears in 5 contracts
Samples: 364 Day Credit Agreement (Duke Energy Field Services LLC), 364 Day Credit Agreement (Duke Energy Field Services Corp), 364 Day Credit Agreement (Duke Energy Field Services LLC)
Incumbency. An incumbency certificate of the Borrower Borrower, certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Date.
Appears in 5 contracts
Samples: Term Loan Agreement (Alabama Power Co), Multi Year Credit Agreement (Alabama Power Co), Credit Agreement (Mississippi Power Co)
Incumbency. An incumbency certificate of the each Borrower certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Date.
Appears in 5 contracts
Samples: Credit Agreement (MST Enterprises Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Restatement Effective Date.
Appears in 3 contracts
Samples: Term Loan Agreement (PNM Resources Inc), Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico)
Incumbency. An incumbency certificate of the each Borrower certified by a secretary or assistant secretary of the Borrower Responsible Officer to be true and correct as of the Closing DateDate and a list of authorized signatories of the Company.
Appears in 2 contracts
Samples: Credit Agreement (Nationsrent Companies Inc), Credit Agreement (Nationsrent Companies Inc)
Incumbency. An incumbency certificate of the Borrower Borrower, certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Effective Date.
Appears in 2 contracts
Samples: Bridge Credit Agreement, Bridge Credit Agreement (Southern Co)
Incumbency. An incumbency certificate of the each Borrower certified by a secretary or assistant secretary (pursuant to a secretary's certificate in substantially the form of the Borrower Schedule 4.1-1 attached hereto) to be true and correct as of the Closing Date.
Appears in 2 contracts
Samples: Credit Agreement (Si International Inc), Credit Agreement (Si International Inc)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Date.
Appears in 2 contracts
Samples: Term Loan and Security Agreement (New World Brands Inc), Term Loan and Security Agreement (New World Brands Inc)
Incumbency. An incumbency certificate of the each Borrower certified by a secretary or assistant secretary of the Borrower Borrowers to be true and correct as of the Closing Initial Funding Date.
Appears in 2 contracts
Samples: Loan and Security Agreement (nFinanSe Inc.), Loan and Security Agreement (nFinanSe Inc.)
Incumbency. An incumbency certificate of each of the Borrower Company and FCP certified by a secretary or assistant secretary (or the equivalent) of the such Borrower to be true and correct as of the Closing Date.
Appears in 2 contracts
Samples: Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc)
Incumbency. An incumbency certificate of the Borrower in form and substance satisfactory to Lender, certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Date.
Appears in 2 contracts
Samples: Credit and Security Agreement (Sun Hydraulics Corp), Credit and Security Agreement (Sun Hydraulics Corp)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Date, in form and substance satisfactory to Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (American Capital Strategies LTD), Credit Agreement (American Capital Strategies LTD)
Incumbency. An incumbency certificate of the ---------- Borrower certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Date.
Appears in 2 contracts
Samples: Credit Agreement (Graybar Electric Co Inc), Credit Agreement (Mohawk Industries Inc)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Date.
Appears in 1 contract
Samples: Revolving Loan Agreement (Capital Lease Funding Inc)
Incumbency. An incumbency certificate of the each Borrower certified ---------- by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Date.
Appears in 1 contract
Samples: Credit Agreement (Chiquita Brands International Inc)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (pursuant to a secretary's certificate in substantially the form of the Borrower Schedule 4.1-1 attached hereto) to be true and correct as of the Closing Date.
Appears in 1 contract
Samples: Credit and Security Agreement (Sun Hydraulics Corp)
Incumbency. An incumbency certificate of the Borrower and each Domestic Subsidiary certified on behalf of Borrower or such Domestic Subsidiary by a secretary or assistant secretary of the Borrower such party to be true and correct as of the Closing Date.
Appears in 1 contract
Samples: Credit Agreement (Immucor Inc)
Incumbency. An incumbency certificate of the Borrower and certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 1 contract
Incumbency. An incumbency certificate of the each Borrower certified by a secretary or assistant secretary (pursuant to a secretary's certificate in substantially the form of Schedule 4.1-1 to the Borrower credit agreement) to be true and correct as of the Closing Datedate hereof.
Appears in 1 contract
Incumbency. An incumbency certificate of the Borrower Borrower, certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Date, in form and substance satisfactory to Administrative Agent.
Appears in 1 contract
Incumbency. An incumbency certificate of the Borrower ---------- certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Date.
Appears in 1 contract
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (pursuant to a secretary’s certificate in substantially the form of the Borrower Schedule 4.1-1 attached hereto) to be true and correct as of the Closing Date.
Appears in 1 contract
Samples: Credit and Security Agreement (Sun Hydraulics Corp)
Incumbency. An incumbency certificate of the each Borrower certified by a secretary or assistant secretary of the such Borrower to be true and correct as of the Closing Date.
Appears in 1 contract
Incumbency. An incumbency certificate of the Borrower ---------- certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Effective Date.
Appears in 1 contract
Samples: Credit Agreement (Knoll Inc)
Incumbency. An incumbency certificate of the Borrower ---------- certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Date.
Appears in 1 contract
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary of the Borrower to be true and correct as of the Closing Effective Date.
Appears in 1 contract
Samples: Line of Credit Agreement (Cornerstone Realty Income Trust Inc)
