Liquidity Certificate Sample Clauses
A Liquidity Certificate clause defines the process and requirements for issuing a formal statement that certifies the amount of available liquidity or cash reserves held by a party, typically in a financial or lending arrangement. This certificate is usually prepared by an authorized officer or accountant and may be required at specific intervals or upon request by a lender or counterparty to verify compliance with liquidity covenants. By providing a standardized method for confirming liquidity levels, the clause ensures transparency and helps mitigate the risk of default due to insufficient funds.
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Liquidity Certificate. Within thirty (30) days after the end of each month, a monthly Liquidity report based upon (and including) Parent’s and its Subsidiaries’ account statements, together with a certification from an Authorized Officer of Parent, that Parent is in compliance with the minimum Liquidity requirement set forth in Section 9.13(b) in a form reasonably acceptable to Administrative Agent. To the extent that any 2024 Convertible Notes or 2025 Convertible Notes are outstanding on the date that is four (4) months prior to the respective maturity date in such Convertible Senior Notes (each such date, a “Maturity Test Date”), Borrower shall provide a Liquidity report on such Maturity Test Date, and thereafter on a weekly basis (or as frequently as may be requested by any Agent), demonstrating that the Maturity Date has not occurred.
Liquidity Certificate. Not later than five (5) Business Days following the last Business Day of each calendar month of the Borrower (commencing with the first full fiscal month ending after the Closing Date), a Liquidity Certificate; provided that the Borrower shall not be required to share material Non-Public Information with “public-side” Lenders. Documents required to be delivered pursuant to Section 6.01(a), (b) or (l)(i) (to the extent any such documents are included in materials otherwise filed with the SEC) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date on which such documents are posted on the Borrower’s behalf on an internet or intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial or third-party website); provided that the Borrower shall notify the Administrative Agent and each Lender (by telecopier or electronic mail) of the posting of any such documents and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents. The Administrative Agent shall have no obligation to request the delivery of or to maintain paper copies of the documents referred to above, and in any event shall have no responsibility to monitor compliance by the Borrower with any such request by a Lender for delivery, and each Lender shall be solely responsible for requesting delivery to it or maintaining its copies of such documents. The Loan Parties and each Lender acknowledge that certain of the Lenders may be “public-side” Lenders (Lenders that do not wish to receive material non-public information with respect to the Loan Parties or their securities) and, if documents or notices required to be delivered pursuant to this Section 6.01 or otherwise are being distributed through the Platform, any document or notice that the Borrower has indicated contains Non-Public Information shall not be posted on that portion of the Platform designated for such public-side Lenders. The Borrower agrees to clearly designate all Information provided to the Administrative Agent by or on behalf of the Loan Parties which is suitable to make available to Public Lenders. If the Borrower has not indicated whether a document or notice delivered pursuant to this Section 6.01 contains Non-Public Information, the Administrative Agent reserves the right to post such document or notice solely on that portion of the Platform designated for Lenders who wish to receiv...
Liquidity Certificate. As of the first Friday of any fiscal quarter (or, if such day is not a Business Day, the immediately preceding Business Day), the Company shall deliver a Liquidity Certificate to the Sponsor (such Liquidity Certificate to be executed and delivered by either the Chief Executive Officer or Chief Financial Officer of the Company (or both such persons in the Company’s sole discretion)).
Liquidity Certificate. As soon as available and in any event within 5 days after the end of each month (commencing with the month ending March 31, 2022), a certificate (a “Liquidity Certificate”) calculating the Liquidity of the Credit Parties as of the last day of such month and the calculations demonstrating such amount and certified by the Chief Financial Officer of the Borrower; provided however, that the Borrower shall not be required to deliver a Liquidity Certificate after both (x) the fiscal quarter of the Borrower for which the Borrower provides a Compliance Certificate in accordance with Section 6.10(c), demonstrating a Consolidated Leverage Ratio of less than 3.00:1.00 and (y) the Covenant Amendment Period has ended.
Liquidity Certificate. The Administrative Agent shall have received a duly executed Liquidity Certificate demonstrating a pro forma Liquidity Ratio as of the Closing Date of not less than 1.10 to 1.00.
Liquidity Certificate. Not later than 5:00 pm (New York City time) on the Thursday of every week (commencing with the Thursday of the first full calendar week occurring after the Closing Date) or, to the extent such Thursday is not a Business Day, the next Business Day thereafter, the Borrower Agent shall deliver to the Administrative Agent (for delivery to the Lenders) and the Specified Ad Hoc Group Advisors a certificate of a Financial Officer on behalf of the Borrower Agent certifying the amount of Liquidity as of the last date of the calendar week most recently ended prior to the delivery of such certificate Period and compliance at all times during such week with the covenant set forth in Section 6.17;
Liquidity Certificate. The Lenders shall have received a Liquidity Certificate, duly executed by an Authorized Financial Officer of the Credit Party demonstrating compliance with Section 6.20.
Liquidity Certificate. Within seven (7) Business Days of each Liquidity Testing Date, the Borrower shall be required to deliver an officer’s certificate in form and substance reasonably satisfactory to the Administrative Agent demonstrating compliance with Section 6.4(b) as of such Liquidity Testing Date. Documents required to be delivered pursuant to this Section 5.1 may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date (a) on which the Borrower posts such documents, or provides a link thereto on the Borrower’s website on the internet; or (b) on which such documents are posted on the Borrower’s behalf on an internet or intranet website, if any, to which each Lender and the Administrative Agent have access (whether a commercial, third-party website or whether sponsored by the Administrative Agent); provided that: (i) upon written request by the Administrative Agent, the Borrower shall deliver paper copies of such documents to the Administrative Agent for further distribution to each Lender that requests the Borrower to deliver such paper copies, and (ii) the Borrower shall notify the Administrative Agent for further notification to each Lender (by telecopier or electronic mail) of the posting of any such documents and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents. Each Lender shall be solely responsible for timely accessing posted documents or requesting delivery of paper copies of such documents from the Administrative Agent and maintaining its copies of such documents.
Liquidity Certificate. Within thirty (30) days after the end of each month, a monthly Liquidity report based upon (and including) Parent’s and its Subsidiaries’ account statements, together with a certification from an Authorized Officer of Parent, that Parent is in compliance with the minimum Liquidity requirement set forth in Section 9.13(b) in a form reasonably acceptable to Administrative Agent.
Liquidity Certificate. Within 30 days after the end of each month, beginning with the month ending March 31, 2019 through the month ending January 31, 2022, a Liquidity Certificate demonstrating in reasonable detail compliance at the end of the preceding month with Section 7.5(b).