Common use of Officers’ Certificate of Issuer Regarding Indenture Clause in Contracts

Officers’ Certificate of Issuer Regarding Indenture. An Officer’s certificate of each of the Issuer stating that, to the best of the signing Officer’s knowledge, the Issuer is not in default under this Indenture and that the issuance of the additional securities applied for by it will not result in a default or a breach of any of the terms, conditions or provisions of, or constitute a default under, its organizational documents, any indenture or other agreement or instrument to which it is a party or by which it is bound, or any order of any court or administrative agency entered in any Proceeding to which it is a party or by which it may be bound or to which it may be subject; that the provisions of Section 2.13 and all conditions precedent provided in this Indenture relating to the authentication and delivery of the additional securities applied for by it have been complied with; and that all expenses due or accrued with respect to the offering of such notes or relating to actions taken on or in connection with the additional issuance have been paid or reserves therefor have been made. The Officer’s certificate of the Issuer shall also state that all of its representations and warranties contained herein are true and correct as of the date of additional issuance.

Officers’ Certificate of Issuer Regarding Indenture. An Officer’s certificate of each of the Issuer stating that, to the best of the signing Officer’s knowledge, the Issuer is not in default under this Indenture and that the issuance of the additional securities notes applied for by it or incurrence of additional loans will not result in a default or a breach of any of the terms, conditions or provisions of, or constitute a default under, its organizational documents, any indenture or other agreement or instrument to which it is a party or by which it is bound, or any order of any court or administrative agency entered in any Proceeding to which it is a party or by which it may be bound or to which it may be subject; that the provisions of Section 2.13 (Additional Issuance) and all conditions precedent provided in this Indenture relating to the authentication and delivery of the additional securities notes applied for by it or loans to be incurred have been complied with; and that all expenses due or accrued with respect to the offering of such notes debt or relating to actions taken on or in connection with the additional issuance or incurrence, as applicable, have been paid or reserves therefor have been made. The Officer’s certificate of the Issuer shall also state that all of its representations and warranties contained herein are true and correct as of the date of additional issuanceissuance or incurrence, as applicable in all material respects, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date.

Officers’ Certificate of Issuer Regarding Indenture. An Officer’s certificate of each of the Issuer stating that, to the best of the signing Officer’s knowledge, the Issuer is not in default under this the Indenture and that the issuance of the additional securities Additional Issuance Notes applied for by it will not result in a default or a breach of any under the Indenture and that the issuance of the terms, conditions or provisions of, or constitute Additional Issuance Notes applied for by it will not result in a default under, under its organizational documents, any indenture or other agreement or instrument to which it is a party or by which it is bound, or any order of any court or administrative agency entered in any Proceeding to which it is a party or by which it may be bound or to which it may be subject; , that the provisions of Section 2.13 and all conditions precedent provided in this the Indenture relating to the authentication and delivery of the additional securities applied for by it Additional Issuance Notes have been complied with; and that all expenses due or accrued with respect to the offering of such notes Additional Issuance Notes or relating to actions taken on or in connection with the additional issuance of the Additional Issuance Notes have been paid or reserves therefor have been made. The Officer’s certificate of the Issuer shall also state ; and that all of its the Issuer’s representations and warranties contained herein in the Indenture are true and correct as of the date of additional issuanceAdditional Issuance Date.

Officers’ Certificate of Issuer Regarding Indenture. An Officer’s certificate of each of the Issuer stating that, to the best of the signing Officer’s knowledge, the Issuer is not in default under this Indenture and that neither the issuance of the additional securities Notes applied for by it nor the incurrence of the Class A-1 Loans will not result in a default or a breach of any of the terms, conditions or provisions of, or constitute a default under, its organizational documents, any indenture or other agreement or instrument to which it is a party or by which it is bound, or any order of any court or administrative agency entered in any Proceeding to which it is a party or by which it may be bound or to which it may be subject; that the provisions of Section 2.13 and all conditions precedent provided in this Indenture herein relating to the authentication and delivery of the additional securities Notes applied for by it have been complied with; and that all expenses due or accrued with respect to the offering Offering of such notes Notes or relating to actions taken on or in connection with the additional issuance Closing Date have been paid or reserves therefor have been made. The Officer’s certificate of the Issuer shall also state ; and that all of its the Issuer’s representations and warranties contained herein are true and correct as of the date of additional issuanceClosing Date.

Officers’ Certificate of Issuer Regarding Indenture. An Officer’s certificate of each of the Issuer stating that, to the best of the signing Officer’s knowledge, the Issuer is not in default under this Indenture and that the issuance of the additional securities Subordinated Notes applied for by it will not result in a default or a breach of any of the terms, conditions or provisions of, or constitute a default under, its organizational documents, any indenture or other agreement or instrument to which it is a party or by which it is bound, or any order of any court or administrative agency entered in any Proceeding to which it is a party or by which it may be bound or to which it may be subject; that the provisions of Section 2.13 and all conditions precedent provided in this Indenture herein relating to the authentication and delivery of the additional securities Subordinated Notes applied for by it have been complied with; and that all expenses due or accrued with respect to the offering of such notes Subordinated Notes or relating to actions taken on or in connection with the additional issuance have been paid or reserves therefor have been made. The Officer’s certificate of the Issuer shall also state that that, to the best of the signing Officer’s knowledge, all of its the Issuer’s representations and warranties contained herein are true and correct as of the date of additional issuance.