No Default Certificate. At the same time as it delivers the financial statements required under the provisions of Sections 5.1 and 5.2 hereof, a certificate of the president, chief financial officer or chief operating officer of the Borrower to the effect that no Event of Default hereunder and that no default under any other agreement to which the Borrower or any of its Subsidiaries is a party or by which it is bound, or by which, to the best knowledge of the Borrower or any Subsidiary, any of its properties or assets, taken as a whole, may be materially affected, and no event which, with the giving of notice or the lapse of time, or both, would constitute such an Event of Default or default, exists, or, if such cannot be so certified, specifying in reasonable detail the exceptions, if any, to such statement. Such certificate shall be accompanied by a detailed calculation indicating compliance with the covenants contained in Sections 6.9, 7.13 and 7.14 hereof.
Appears in 2 contracts
Samples: Credit Agreement (Lodgenet Entertainment Corp), Credit Agreement (Lodgenet Entertainment Corp)
No Default Certificate. At the same time as it delivers the financial statements required under the provisions of Sections Section 5.1 and 5.2 hereof, a certificate of the chief executive officer, president, chief financial operating officer or chief operating financial officer of the Borrower and the Parent, respectively, to the effect that no Event of Default hereunder and that no default under any other material agreement to which the Borrower Borrower, the Parent or any of its the Subsidiaries is a party or by which it is bound, or by which, to the best knowledge of the Borrower Borrower, the Parent or any Subsidiary, any of its properties or assets, taken as a whole, may be materially affected, and no event which, with the giving of notice or the lapse of time, or both, would constitute such an Event of Default or default, exists, or, if such cannot be so certified, specifying in reasonable detail the exceptions, if any, to such statement. Such certificate shall be accompanied by a detailed calculation indicating compliance with the covenants contained in Sections 6.9, 7.13 and 7.14 hereof.
Appears in 2 contracts
Samples: Loan Agreement (G Iii Apparel Group LTD /De/), Loan Agreement (G Iii Apparel Group LTD /De/)
No Default Certificate. At the same time as it delivers the financial statements required under the provisions of Sections 5.1 and Section 5.2 hereof, a certificate of the president, president or chief financial officer or chief operating officer of the Borrower to the effect that no Default or Event of Default hereunder and that no default under any other agreement to which the Borrower or any of its the Subsidiaries is a party or by which it is bound, or by which, to the best knowledge of the Borrower or any Subsidiary, Subsidiary any of its properties or assets, taken as a whole, may be materially adversely affected, and no event which, with the giving of notice or the lapse of time, or both, would constitute such an Event of Default or default, exists, or, if such cannot be so certified, specifying in reasonable detail the exceptions, if any, to such statement. Such certificate shall be accompanied by a detailed calculation indicating compliance with the covenants contained in Sections 6.9, 7.13 7.3, 7.4, 7.8 (other than 7.8(a)) and 7.14 7.11 hereof.
Appears in 1 contract
Samples: Loan Agreement (Griffon Corp)
No Default Certificate. At the same time as it delivers the financial statements required under the provisions of Sections 5.1 and Section 5.2 hereof, a certificate of the president, president or chief financial officer or chief operating officer of the Borrower to the effect that no Default or Event of Default hereunder and that no default under any other agreement to which the Borrower or any of its the Subsidiaries is a party or by which it is bound, or by which, to the best knowledge of the Borrower or any Subsidiary, Subsidiary any of its properties or assets, taken as a whole, may be materially adversely affected, and no event which, with the giving of notice or the lapse of time, or both, would constitute such an Event of Default or default, exists, or, if such cannot be so certified, specifying in reasonable detail the exceptions, if any, to such statement. Such certificate shall be accompanied by a detailed calculation indicating compliance with the covenants contained in Sections 6.9, 7.13 7.3 and 7.14 7.8 (other than 7.8(a)) hereof.
Appears in 1 contract
Samples: Loan Agreement (Griffon Corp)
No Default Certificate. At the same time as it delivers the financial statements required under the provisions of Sections Section 5.1 and 5.2 hereof5.2, a certificate of the president, president or chief financial executive officer or chief operating financial officer of the Borrower to the effect that no Event of Default hereunder and that no default under any other agreement to which the Borrower or any of its Subsidiaries is a party or by which it is bound, or by which, to the best of the knowledge of the Borrower or and any Subsidiaryof its Subsidiaries, any of its properties or assets, taken as a whole, may be materially affected, and no event which, with the giving of notice or the lapse of time, or both, would constitute such an Event of Default or default, exists, or, if such cannot be so certified, specifying in reasonable detail the exceptions, if any, to such statement. Such certificate certifi- cate shall be accompanied by a detailed calculation indicating compliance with the covenants contained in Sections 6.9, 7.13 and 7.14 Section 6.9 hereof.
Appears in 1 contract
Samples: Loan Agreement (National Consumer Cooperative Bank /Dc/)
No Default Certificate. At the same time as it delivers the financial statements required under the provisions of Sections Section 5.1 and Section 5.2 hereof, a certificate of the president, president or chief financial officer or chief operating officer of the Borrower Griffon to the effect that no Default or Event of Default hereunder and that no default under any other agreement to which the either Borrower or any of its the Subsidiaries is a party or by which it is bound, or by which, to the best knowledge of the each Borrower or any Subsidiary, Subsidiary any of its properties or assets, taken as a whole, may be materially adversely affected, and no event which, with the giving of notice or the lapse of time, or both, would constitute such an Event of Default or default, exists, or, if such cannot be so certified, specifying in reasonable detail the exceptions, if any, to such statement. Such certificate shall be accompanied by a detailed calculation indicating compliance with the covenants contained in Sections 6.9, 7.13 7.3 and 7.14 7.8 (other than 7.8(a)) hereof.
Appears in 1 contract
Samples: Loan Agreement (Griffon Corp)
No Default Certificate. At the same time as it delivers the financial statements required under the provisions of Sections Section 5.1 and 5.2 hereof5.2, a certificate of the chief executive officer, president, chief financial operating officer or chief operating financial officer of the Borrower and the Parent, respectively, to the effect that no Event of Default hereunder and that no default under any other material agreement to which the Borrower Borrower, the Parent or any of its the Subsidiaries is a party or by which it is bound, or by which, to the best knowledge of the Borrower Borrower, the Parent or any Subsidiary, any of its properties or assets, taken as a whole, may be materially affected, and no event which, with the giving of notice or the lapse of time, or both, would constitute such an Event of Default or default, exists, or, if such cannot be so certified, specifying in reasonable detail the exceptions, if any, to such statement. Such certificate shall be accompanied by a detailed calculation indicating compliance with the covenants contained in Sections 6.9, 7.13 and 7.14 hereof7.14.
Appears in 1 contract
No Default Certificate. At the same time as it delivers the financial statements required under the provisions of Sections Section 5.1 and 5.2 hereof5.2, a certificate of the president, president or chief financial executive officer or chief operating financial officer of the Borrower to the effect that no Event of Default hereunder and that no default under any other agreement to which the Borrower or any of its Subsidiaries is a party or by which it is bound, or by which, to the best of the knowledge of the Borrower or and any Subsidiaryof its Subsidiaries, any of its properties or assets, taken as a whole, may be materially affected, and no event which, with the giving of notice or the lapse of time, or both, would constitute such an Event of Default or default, exists, or, if such cannot be so certified, specifying in reasonable detail the exceptions, if any, to such statement. Such certificate shall be accompanied by a detailed calculation indicating compliance with the covenants contained in Sections 6.9, 7.13 and 7.14 Section 6.9 hereof.
Appears in 1 contract
No Default Certificate. At the same time as it delivers they deliver the financial statements required under the provisions of Sections 5.1 5.1, 5.2 and 5.2 hereof5.3, a certificate of the president, chief financial officer presidents or chief operating officer executive officers of the Borrower Borrowers to the effect that no Event of Default hereunder and that no default under any other agreement to which the either Borrower or any of its Subsidiaries the Guarantors is a party or by which it is bound, or by which, to the best knowledge of the Borrower or any SubsidiaryBorrowers, any of its properties or assets, taken as a whole, may be materially affected, and no event which, with the giving of notice or the lapse of time, or both, would constitute such an Event of Default or default, exists, or, if such cannot be so certified, specifying in reasonable detail the exceptions, if any, to such statement. Such certificate shall be accompanied by a detailed calculation indicating compliance with the covenants and agreements contained in Sections 6.9, 7.5, 7.9, 7.13 and 7.14 hereof8.13.
Appears in 1 contract
Samples: Loan Agreement