Issuer’s Certificate. Within five Business Days after each Payment Date on which Receivables shall be assigned to LBAC or the Servicer, as applicable, pursuant to this Agreement, based on amounts deposited to the Collection Account, notices received pursuant to this Agreement and the information contained in the Servicer's Certificate for the related Collection Period, identifying the Receivables purchased by LBAC pursuant to Section 3.4 or purchased by the Servicer pursuant to Section 4.7, the Issuer shall execute an Issuer's Certificate (in the form of Exhibit A-1 or A-2, as applicable), and shall deliver such Issuer's Certificate, accompanied by a copy of the Servicer's Certificate for such Collection Period, to LBAC or the Servicer, as the case may be, with a copy to the Note Insurer. The Issuer's Certificate submitted with respect to such Payment Date shall operate, as of such Payment Date, as an assignment, without recourse, representation or warranty, to LBAC or the Servicer, as the case may be, of all the Issuer's right, title, and interest in and to such repurchased Receivable, and all security and documents relating thereto, such assignment being an assignment outright and not for security.
Issuer’s Certificate. The signing authority of the director or officer of the Issuer who signs an Issuer’s Certificate shall be evidenced by a certified copy of a resolution of the board of directors of the Issuer, which resolution shall be attached to the Issuer’s Certificate.
Issuer’s Certificate. The Issuer will have delivered to the Underwriters a certificate, dated the Closing Date, signed by an Issuer Authorized Officer to the effect that the signer of such certificate has carefully examined the Basic Documents, the Prospectus (and any supplements thereto), the Disclosure Package and the Registration Statement and that:
(i) the representations and warranties of the Issuer in this Agreement are true and correct at and as of the Closing Date as if made on and as of the Closing Date (except to the extent they expressly relate to an earlier date, in which case such representations and warranties of the Issuer are true and correct as of such earlier date);
(ii) the Issuer has complied with all the agreements and satisfied all the conditions on its part to be performed or satisfied by it under this Agreement at or before the Closing Date;
(iii) no stop order suspending the effectiveness of the Registration Statement or any notice that would prevent its use has been issued and no proceedings for that purpose have been instituted or, to the knowledge of the signer, threatened; and
(iv) since the date of the most recent publicly available financial statements of the Issuer, there has been no material adverse change in the condition (financial or otherwise) of the Issuer, except as set forth in or contemplated in the Registration Statement, Disclosure Package and the Prospectus.
Issuer’s Certificate. The Issuer shall have furnished to the Representatives on the Closing Date a certificate, dated the Closing Date, of its President or Vice President and its Treasurer or an Assistant Treasurer stating that:
(i) The representations, warranties and agreements of the Issuer in Section 1 hereof are true and correct as of the Closing Date; the Issuer has complied with all of its agreements contained herein; and the conditions set forth in Sections 6(a) and 6(b) hereof have been fulfilled; and
(ii) They have carefully examined the Registration Statement, the Disclosure Package and the Final Prospectus and, in their opinion, (A) the Registration Statement, as of its effective date, did not contain any untrue statement of a material fact or omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading, (B) each of the Disclosure Package and the Final Prospectus does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, and (C) since the date of the most recent financial statements included in the Disclosure Package and the Final Prospectus, there has not occurred any event required by the Act, the Rules and Regulations, the Exchange Act or the rules and regulations promulgated under the Exchange Act to be set forth in an amended or supplemented prospectus which has not been so set forth.
Issuer’s Certificate. Each month, not later than the 15th day of each month, the Issuer shall deliver to the Indenture Trustee, an Officer's Certificate certifying to the accuracy of the monthly statement contemplated by Section 12.04 hereof.
Issuer’s Certificate. A certificate or certificates of the officers of the Issuer covering such matters as to the Issuer and the Bond Documents as the Bank may reasonably request;
Issuer’s Certificate. Borrower’s Constituent Documents.
Issuer’s Certificate. The Issuer shall have delivered to you a closing certificate, dated the date of the Closing, (i) incorporating a copy of the Bond Resolution, certified by the Secretary or the Assistant Secretary of the Issuer, and (ii) certifying that the conditions applicable to the Issuer specified in Sections 4.1 and 4.2 have been fulfilled.
Issuer’s Certificate. Prior to each date as of which Contracts and the interest of LLC I or LLC II, as applicable, in the Equipment subject to such Contracts are to be purchased by the Originator or the Servicer, as applicable, pursuant to the Indenture, LLC I or LLC II, as applicable, shall submit to the Originator or the Servicer, as applicable, a certificate signed by a manager of LLC I or LLC II, as applicable (an "ISSUER'S CERTIFICATE"). Each Issuer's Certificate shall operate as an assignment, without recourse, representation, or warranty, to the Originator or the Servicer, as applicable, of all of LLC I's or LLC II's, as applicable, right, title, and interest in and to such purchased Contract, the related Equipment and all security and documents relating thereto, such assignment being an assignment outright and not for security; and upon payment of the Purchase Amount, the Originator or the Servicer, as applicable, will thereupon own such Contract, such interest in the related Equipment and all such security and documents, free of any further obligation to LLC I or LLC II, as applicable, with respect thereto.
Issuer’s Certificate. The Original Purchaser shall have received the certificate of the Issuer, dated the Closing Date, signed by an authorized officer of the Issuer, in form and substance satisfactory to the Original Purchaser.
