Common use of Performance Certificates Clause in Contracts

Performance Certificates. At the time the financial statements are furnished pursuant to Sections 6.1 and 6.2 hereof, a certificate of the president or chief financial officer of the Borrower as to its financial performance, in substantially the form of Exhibit I attached hereto: (a) setting forth as and at the end of such quarterly period or fiscal year, as the case may be, the arithmetical calculations required to establish (i) any interest rate adjustment, as provided for in Section 2.3(f) hereof and (ii) whether or not the Borrower was in compliance with the requirements of Sections 7.7, 7.8, 7.9, 7.10 and 7.11 hereof; (b) setting forth on a consolidated basis for the Borrower and its Subsidiaries for each such fiscal quarter (i) the number of cellular telephone subscribers at the beginning of the quarter, (ii) the number of gross new cellular telephone subscribers added and deactivated cellular telephone subscribers lost during the quarter and (iii) the number of cellular telephone subscribers at the end of the quarter; (c) stating that, to the best of his or her knowledge, no Default has occurred as at the end of such quarterly period or year, as the case may be, or, if a Default has occurred, disclosing each such Default and its nature, when it occurred, whether it is continuing and the steps being taken by the Borrower with respect to such Default; and (d) summarizing the nature and individual and aggregate dollar amounts of all Investments and Acquisitions made by the Borrower or any of its Subsidiaries since the Agreement Date and stating that each such Investment or Acquisition was made in accordance with the terms and conditions set forth in Section 7.6 hereof.

Performance Certificates. At the time the financial statements are furnished pursuant to Sections 6.1 and 6.2 hereof, a certificate of the president or chief financial officer of the Borrower as to its financial performance, in substantially the form of Exhibit I attached heretoPerformance Certificate: (a) setting forth as and at the end of such quarterly period or fiscal year, as the case may be, the arithmetical calculations required to establish (i) any interest rate adjustment, as provided for in the Applicable Margin pursuant to Section 2.3(f) hereof hereof, and (ii) whether or not the Borrower was in compliance with the requirements of Sections 7.77.10, 7.87.11, 7.9, 7.10 7.12 and 7.11 7.13 hereof; (b) setting forth on a consolidated basis for the Borrower and its Subsidiaries Subsidiaries, for each such fiscal quarter or fiscal year, as the case may be, (i) a summary of monthly revenues and (ii) (A) the number of cellular telephone subscribers Active Meters at the beginning of the quartersuch period, (iiB) the number of gross new cellular telephone subscribers Active Meters added and or deactivated cellular telephone subscribers lost during the quarter such period and (iiiC) the number of cellular telephone subscribers Active Meters at the end of the quartersuch period; (c) 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 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 the Borrower with respect to such Default or Event of Default; and (d) summarizing setting forth, as of the nature and individual and aggregate dollar amounts end of all Investments and Acquisitions made by such fiscal quarter or year, a list of any IOAs pursuant to which the Borrower or any of its Subsidiaries since the Agreement Date and stating that each such Investment is then providing cellular telephone or Acquisition was made in accordance with the terms and conditions set forth in Section 7.6 hereofother wireless telecommunications services.

Performance Certificates. At the time the financial statements are furnished pursuant to Sections 6.1 and 6.2 hereof, a certificate of the president or chief financial officer of the Borrower as to its financial performance, an Authorized Officer substantially in substantially the form of Exhibit I G attached heretohereto and otherwise in form and substance satisfactory to the Required Lenders: (a) reaffirming the representations and warranties set forth in Article 4 hereof as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except for representations and warranties which expressly relate solely to an earlier date or time period); (b) setting forth as and at the end of such quarterly period or fiscal year, as the case may be, the arithmetical calculations required to establish (i) any interest rate adjustment, as provided for in Section 2.3(f) hereof and (ii) whether or not the Borrower was in compliance with the requirements of Sections 7.77.1, 7.4, 7.6(d), 7.6(e), 7.8, 7.9, 7.10 7.10, 7.14 and 7.11 7.15 hereof; (bc) setting forth on a consolidated basis for the Borrower and its Subsidiaries for each such fiscal quarter summarizing in reasonable detail (i) all investments made by the number of cellular telephone subscribers at the beginning Borrower or any of the quarter, Restricted Subsidiaries since the Agreement Date pursuant to Section 7.6(a)(iii) and (iv) hereof; (ii) all acquisitions made by the number Borrower or any of gross new cellular telephone subscribers added the Restricted Subsidiaries since the Agreement Date pursuant to Sections 7.4(b), (c) and deactivated cellular telephone subscribers lost during the quarter (d) hereof; and (iii) all investments in excess of $1,000,000 made by the number of cellular telephone subscribers at the end Borrower or any of the quarter;Restricted Subsidiaries during such quarterly period or fiscal year, other than pursuant to Section 7.6(a)(iii) and (iv) hereof; and (cd) stating that, to the best of his or her knowledgeknowledge after due inquiry, 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 the Borrower with respect to such Default or Event of Default; and (d) summarizing the nature and individual and aggregate dollar amounts of all Investments and Acquisitions made by the Borrower or any of its Subsidiaries since the Agreement Date and stating that each such Investment or Acquisition was made in accordance with the terms and conditions set forth in Section 7.6 hereof.

Performance Certificates. At the time the financial statements are furnished pursuant to Sections 6.1 and 6.2 hereof, a certificate of the president or chief financial officer of the Borrower as to its financial performance, in substantially the form of Exhibit I attached heretoPerformance Certificate: (a) setting forth as and at the end of such quarterly period or fiscal year, as the case may be, the arithmetical calculations required to establish (i) any interest rate adjustment, as provided for in Section 2.3(f) hereof hereof, and (ii) whether or not the Borrower was in compliance with the requirements of Sections 7.7, 7.8, 7.9, 7.10 and 7.11 Section 7.8 hereof; (b) setting forth on a consolidated basis for the Borrower and its Subsidiaries Restricted Subsidiaries, for each such fiscal quarter or fiscal year, as the case may be, (i) the number of cellular telephone subscribers to the Borrower's Telecommunications Businesses at the beginning of the quartersuch period, (ii) the number of gross new cellular telephone subscribers to the Borrower's Telecommunications Businesses added and deactivated cellular telephone subscribers to the Borrower's Telecommunications Businesses lost during the quarter such period, and (iii) the number of cellular telephone subscribers to the Borrower's Telecommunications Businesses at the end of the quarter;such period; and (c) 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 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 the Borrower with respect to such Default or Event of Default; and (d) summarizing the nature and individual and aggregate dollar amounts of all Investments and Acquisitions made by the Borrower or any of its Subsidiaries since the Agreement Date and stating that each such Investment or Acquisition was made in accordance with the terms and conditions set forth in Section 7.6 hereof.