Officers’ Certificates of the Issuer Regarding Indenture. An Officer’s Certificate 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 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 2.14 and all conditions precedent provided in this Indenture relating to the authentication and delivery of the additional notes 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.
Appears in 3 contracts
Samples: Indenture (FS Investment Corp II), Indenture (FS Investment Corp II), Indenture (FS Investment CORP)
Officers’ Certificates of the Issuer Regarding Indenture. An Officer’s Certificate 's certificate of the Issuer stating that, to the best of the signing Officer’s knowledge, that the Issuer is not in default under this Indenture and that the issuance of the additional notes Additional Debt applied for by it will shall 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 2.14 and all conditions precedent provided in this Indenture and the supplemental indenture pursuant to Section 8.1(a)(xii) relating to the authentication and delivery of the additional notes Additional Debt applied for by it have been complied withwith and that the authentication and delivery of the Additional Debt is authorized or permitted under this Indenture and the supplemental indenture entered into in connection with such Additional Debt; and that all expenses due or accrued with respect to the offering of such notes the Additional Debt or relating to actions taken on or in connection with the additional issuance Additional Debt Closing Date have been paid or reserves therefor have been madereserved. The Officer’s Certificate 's certificate of the Issuer shall also state that that, to the best of the signing Officer's knowledge, all of its respective representations and warranties contained herein are true and correct as of the date of additional issuanceAdditional Debt Closing Date.
Appears in 1 contract