Common use of Officer’s Certificate; Etc Clause in Contracts

Officer’s Certificate; Etc. Together with each delivery of any financial statement pursuant to subsections (b) and (c) of this Section 7.01, (i) an Officer’s Certificate substantially in the form of Exhibit F attached hereto and made a part hereof, stating that a Responsible Officer signatory thereto has reviewed the terms of the Loan Documents, and has made, or caused to be made under his or her supervision, a review in reasonable detail of the transactions and consolidated financial condition of the Parent and its Subsidiaries during the accounting period covered by such financial statements, that such review has not disclosed the existence during or at the end of such accounting period, and that such officer does not have knowledge of the existence as at the date of such Officer’s Certificate, of any condition or event which constitutes an Event of Default or a continuing Default, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action the Parent and its Subsidiaries have taken, are taking and propose to take with respect thereto (the “Officer’s Certificate”) and (ii) a certificate substantially in the form of Exhibit G attached hereto and made a part hereof (the “Compliance Certificate”), signed by the Parent’s chief financial officer or controller, setting forth calculations (with such specificity as the Administrative Agent may reasonably request) for the period then ended which demonstrate compliance, when applicable, with the provisions of Article IX and Article X during such period.

Appears in 2 contracts

Samples: Counterpart Agreement (Oppenheimer Holdings Inc), Subordinated Credit Agreement (Oppenheimer Holdings Inc)

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Officer’s Certificate; Etc. Together with each delivery of any financial statement pursuant to subsections (ba) and (cb) of this Section SECTION 7.01, (i) an Officer’s Certificate substantially in the form of Exhibit F O-1 attached hereto and made a part hereof, stating that a Responsible Senior Officer signatory thereto has reviewed the terms of the Loan Documents, and has made, or caused to be made under his or her supervision, a review in reasonable detail of the transactions and consolidated financial condition of the Parent and its Subsidiaries Credit Parties during the accounting period covered by such financial statements, that such review has not disclosed the existence during or at the end of such accounting period, and that such officer does not have knowledge of the existence as at the date of such Officer’s Certificate, of any condition or event which constitutes an Event of Default or a continuing Default, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action the Parent Borrowers and its their Subsidiaries have taken, are taking and propose to take with respect thereto (the “Officer’s Certificate”) ), and (ii) a certificate substantially in the form of Exhibit G C-2 attached hereto and made a part hereof (the “Compliance Certificate”), signed by the ParentBorrower’s chief financial officer Senior Officer or controllerother Senior Officer, setting forth calculations (with such specificity as the Administrative Agent may reasonably request) for the period then ended which demonstrate compliance, when applicable, with the provisions of Article ARTICLE IX and Article ARTICLE X during such period.

Appears in 2 contracts

Samples: Revolving Credit Agreement (James River Coal CO), Term Credit Agreement (James River Coal CO)

Officer’s Certificate; Etc. Together with each delivery of any financial statement pursuant to subsections (b) and (c) of this Section 7.016.01, (i) an Officer’s Certificate substantially in the form of Exhibit F attached hereto and made a part hereof, stating that a Responsible an Authorized Officer signatory thereto has reviewed the terms of the Loan Documents, and has made, or caused to be made under his or her supervision, a review in reasonable detail of the transactions and consolidated financial condition of the Parent and its Subsidiaries during the accounting period covered by such financial statements, that such review has not disclosed the existence during or at the end of such accounting period, and that such officer does not have knowledge of the existence as at the date of such Officer’s Certificate, of any condition or event which constitutes an Event of Default or a continuing Default, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action the Parent and its Subsidiaries have taken, are taking and propose to take with respect thereto (the “Officer’s Certificate”) and (ii) a certificate substantially in the form of Exhibit G attached hereto and made a part hereof (the “Compliance Certificate”), signed by the Parent’s chief financial officer officer, treasurer or controller, setting forth calculations (with such specificity as the Administrative Agent may reasonably request) for the period then ended which demonstrate compliance, when applicable, with the provisions of Article IX VIII and Article X IX during such period.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Silicon Graphics Inc)

Officer’s Certificate; Etc. Together with each delivery of any financial statement pursuant to subsections (ba) and (cb) of this Section 7.01SECTION 7.01 and promptly upon the commencement of a Trigger Event Period, (i) an Officer’s Certificate substantially in the form of Exhibit F O-1 attached hereto and made a part hereof, stating that a Responsible Senior Officer signatory thereto has reviewed the terms of the Loan Documents, and has made, or caused to be made under his or her supervision, a review in reasonable detail of the transactions and consolidated financial condition of the Parent and its Subsidiaries Credit Parties during the accounting period or Measurement Period covered by such financial statements, that such review has not disclosed the existence during or at the end of such accounting period, and that such officer does not have knowledge of the existence as at the date of such Officer’s Certificate, of any condition or event which constitutes an Event of Default or a continuing Default, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action the Parent Borrowers and its their Subsidiaries have taken, are taking and propose to take with respect thereto (the “Officer’s Certificate”) ), and (ii) a certificate substantially in the form of Exhibit G C-2 attached hereto and made a part hereof (the “Compliance Certificate”), signed by the ParentBorrower’s chief financial officer Senior Officer or controllerother Senior Officer, setting forth calculations (with such specificity as the Administrative Agent may reasonably request) for the period then ended which demonstrate compliance, when applicable, with the provisions of Article ARTICLE IX and Article ARTICLE X during such period (or, upon the commencement of a Trigger Event Period, the relevant period).

Appears in 1 contract

Samples: Revolving Credit Agreement (James River Coal CO)

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Officer’s Certificate; Etc. Together with each delivery of any financial statement pursuant to subsections (ba) and (cb) of this Section SECTION 7.01, (i) an Officer’s Certificate substantially in the form of Exhibit F O-1 attached hereto and made a part hereof, stating that a Responsible Senior Officer signatory thereto has reviewed the terms of the Loan Documents, and has made, or caused to be made under his or her supervision, a review in reasonable detail of the transactions and consolidated financial condition of the Parent and its Subsidiaries Credit Parties during the accounting period or Measurement Period covered by such financial statements, that such review has not disclosed the existence during or at the end of such accounting period, and that such officer does not have knowledge of the existence as at the date of such Officer’s Certificate, of any condition or event which constitutes an Event of Default or a continuing Default, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action the Parent Borrower and its Subsidiaries have taken, are taking and propose to take with respect thereto (the “Officer’s Certificate”) ), and (ii) a certificate substantially in the form of Exhibit G C attached hereto and made a part hereof (the “Compliance Certificate”), signed by the ParentBorrower’s chief financial officer Senior Officer or controllerother Senior Officer, setting forth calculations (with such specificity as the Administrative Agent (with the consent of the Required Lenders) may reasonably request) for the period then ended which demonstrate compliance, when applicable, with the provisions of Article IX and Article ARTICLE X during such period.

Appears in 1 contract

Samples: Credit Agreement (James River Coal CO)

Officer’s Certificate; Etc. Together with each delivery of any financial statement pursuant to subsections (b) and (c) of this Section 7.019.01, (i) a short-form management discussion and analysis, (ii) an Officer’s Certificate substantially in the form of Exhibit F attached hereto and made a part hereof, stating that a Responsible an Authorized Officer signatory thereto has reviewed the terms of the Loan Documents, and has made, or caused to be made under his or her supervision, a review in reasonable detail of the transactions and consolidated financial condition of the Parent Intermediate HoldCo and its consolidated Subsidiaries during the accounting period covered by such financial statements, that such review has not disclosed the existence during or at the end of such accounting period, and that such officer does not have knowledge of the existence as at the date of such Officer’s Certificate, of any condition or event which constitutes an Event of Default or a continuing Default, or, if any such condition or event existed or exists, specifying the nature and period of existence thereof and what action the Parent and its Subsidiaries have Intermediate HoldCo has taken, are is taking and propose proposes to take with respect thereto (the “Officer’s Certificate”) and (iiiii) a certificate substantially in the form of Exhibit G attached hereto and made a part hereof (the “Compliance Certificate”), signed by the ParentIntermediate HoldCo’s chief financial officer or controller, setting forth calculations (with such specificity as the Administrative Agent may reasonably request) for the period then ended which demonstrate compliance, when applicable, with the provisions of Article IX XI and Article X during such periodXII.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (SOI Holdings, Inc.)

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