Performance Certificates. At the time the annual and quarterly financial statements are furnished pursuant to Sections 6.1 and 6.2 hereof, the Performance Certificate: (a) setting forth as at the end of such quarterly period or fiscal year, as the case may be, whether or not EnergySolutions or Parent was in compliance with the requirements of Section 7.7 hereof; and (b) stating that, to his or her knowledge, no Default or Event of Default has occurred as at the end of such quarterly period or year, as the case may be, or, if a Default or an Event of Default has occurred, disclosing each such Default or Event of Default and its nature, when it occurred, whether it is continuing and the steps being taken by EnergySolutions with respect to such Default or Event of Default.
Appears in 4 contracts
Samples: Amendment Agreement (EnergySolutions, Inc.), Amendment Agreement (EnergySolutions, Inc.), Credit Agreement (EnergySolutions, Inc.)
Performance Certificates. At the time the annual and quarterly financial statements are furnished pursuant to Sections 6.1 and 6.2 hereof, the Performance Certificate:
(a) setting forth as at the end of such quarterly period or fiscal year, as the case may be, whether or not EnergySolutions or Parent (or, after an IPO Reorganization, Parent) was in compliance with the requirements of Section 7.7 hereof; and
(b) stating that, to his or her knowledge, no Default or Event of Default has occurred as at the end of such quarterly period or year, as the case may be, or, if a Default or an Event of Default has occurred, disclosing each such Default or Event of Default and its nature, when it occurred, whether it is continuing and the steps being taken by EnergySolutions with respect to such Default or Event of Default.
Appears in 3 contracts
Samples: Credit Agreement (EnergySolutions, Inc.), Second Lien Credit Agreement (EnergySolutions, Inc.), Credit Agreement (EnergySolutions, Inc.)
Performance Certificates. At the time the annual and quarterly financial statements ------------------------ are furnished pursuant to Sections 6.1 and Section 6.2 hereof, the a Performance Certificate:
(a) setting forth as at the end of such quarterly period or fiscal yearquarter, as the case may bearithmetical calculations required to establish (i) the Applicable Margin, and (ii) whether or not EnergySolutions or Parent the Borrower was in compliance with the requirements of Section 7.7 hereofthe Financial Covenants; and
(b) stating that, to the best of his or her knowledge, no Default or Event of Default has occurred as at the end of such quarterly period or year, as the case may beperiod, or, if a Default or an Event of Default has occurred, disclosing each such Default or Event of Default and its nature, when it occurred, whether it is continuing and the steps being taken by EnergySolutions the Borrower with respect to such Default or Event of Default.
Appears in 1 contract
Samples: Credit Agreement (Etesting Labs Inc)