Common use of Periodic Reports to the Guarantee Trustee Clause in Contracts

Periodic Reports to the Guarantee Trustee. (a) The Parent Guarantor shall deliver to the Guarantee Trustee, within ninety (90) days after the end of each fiscal year of the Parent Guarantor ending after the date of this Parent Guarantee Agreement, an Officers’ Certificate covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Parent Guarantor is in default in the performance or observance of any of the terms or provisions or any of the conditions of this Parent Guarantee Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Parent Guarantor shall be in default thereof, specifying all such defaults and the nature and status thereof of which they have knowledge. (b) The Parent Guarantor shall furnish to (i) the Guarantee Trustee; (ii) Taberna Capital Management, LLC, 0000 Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000 or such other address as designated by Taberna Capital Management, LLC); and (iii) any Owner of the Preferred Securities reasonably identified to the Company and the Trust (which identification may be made either by such Owner or by Taberna Capital Management, LLC) a duly completed and executed certificate substantively and substantially in the form attached hereto as Exhibit A, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Parent Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Parent Guarantor and not later than ninety (90) days after the end of each fiscal year of the Parent Guarantor.

Periodic Reports to the Guarantee Trustee. (a) The Parent Guarantor shall deliver to the Guarantee Trustee, within ninety (90) days after the end of each fiscal year of the Parent Guarantor ending after the date of this Parent Guarantee Agreement, an Officers’ Certificate covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Parent Guarantor is in default in the performance or observance of any of the terms or provisions or any of the conditions of this Parent Guarantee Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Parent Guarantor shall be in default thereof, specifying all such defaults and the nature and status thereof of which they have knowledge. (b) The Parent Guarantor shall furnish to (i) to the Guarantee Trustee; (ii) Taberna Capital ManagementPurchaser, LLCat 0000 Xxxxxx Xxxx., 0000 Suite 450, Arlington, VA 22201, Attention: Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000 Chief Financial Officer or such other address as designated by Taberna Capital Management, LLCPurchaser); and (iii) any Owner of the Preferred Securities reasonably identified to the Company and the Trust (which identification may be made either by such Owner or by Taberna Capital Management, LLCOwner) a duly completed and executed certificate substantively and substantially in the form attached hereto as Exhibit A, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Parent Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Parent Guarantor and not later than ninety (90) days after the end of each fiscal year of the Parent Guarantor.

Periodic Reports to the Guarantee Trustee. (a) The Parent Guarantor shall deliver to the Guarantee Trustee, within ninety (90) days after the end of each fiscal year of the Parent Guarantor ending after the date of this Parent Guarantee Agreement, an Officers’ Certificate covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Parent Guarantor is in default in the performance or observance of any of the terms or provisions or any of the conditions of this Parent Guarantee Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Parent Guarantor shall be in default thereof, specifying all such defaults and the nature and status thereof of which they have knowledge. (b) The Parent Guarantor shall furnish to (i) to the Guarantee Trustee; (ii) Taberna Capital Management, LLC, 0000 Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000 or such other address as designated by Taberna Capital Management, LLC); and (iii) any Owner of the Preferred Securities reasonably identified to the Company and the Trust (which identification may be made either by such Owner or by Taberna Capital Management, LLC) a duly completed and executed certificate substantively and substantially in the form attached hereto as Exhibit A, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Parent Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Parent Guarantor and not later than ninety (90) days after the end of each fiscal year of the Parent Guarantor.

Periodic Reports to the Guarantee Trustee. (a) The Parent Guarantor shall deliver to the Guarantee Trustee, within ninety (90) days after the end of each fiscal year of the Parent Guarantor ending after the date of this Parent Guarantee Agreement, an Officers’ ' Certificate covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Parent Guarantor is in default in the performance or observance of any of the terms or provisions or any of the conditions of this Parent Guarantee Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Parent Guarantor shall be in default thereof, specifying all such defaults and the nature and status thereof of which they have knowledge. (b) The Parent Guarantor shall furnish to (i) the Guarantee Trustee; (ii) Taberna Capital Management, LLC, 0000 Xxxxxx Xxxxxx1818 Market Street, 00xx Xxxxx28th Floor, XxxxxxxxxxxxPhiladelphia, Xxxxxxxxxxxx 00000 Pennsylvania 19103 or such other address as designated by Taberna Capital Managementsxxx xxxxx xxxxxxx xx xxxxxxxxxx xx Xxxxxxx Xxxxxxx Xxxxxxxxxx, LLCXLC); and (iii) any Owner of the Preferred Securities reasonably identified to the Company and the Trust (which identification may be made either by such Owner or by Taberna Capital Management, LLC) a duly completed and executed certificate substantively and substantially in the form attached hereto as Exhibit A, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Parent Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Parent Guarantor and not later than ninety (90) days after the end of each fiscal year of the Parent Guarantor.

Periodic Reports to the Guarantee Trustee. (a) The Parent Guarantor shall deliver to the Guarantee Trustee, within ninety (90) days after the end of each fiscal year of the Parent Guarantor ending after the date of this Parent Guarantee Agreement, an Officers’ Certificate covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Parent Guarantor is in default in the performance or observance of any of the terms or provisions or any of the conditions of this Parent Guarantee Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Parent Guarantor shall be in default thereof, specifying all such defaults and the nature and status thereof of which they have knowledge. (b) The Parent Guarantor shall furnish to (i) the Guarantee Trustee; (ii) Taberna Capital Management, LLC, 0000 Xxxxxx 000 Xxxx Xxxxxx, 00xx XxxxxXxx Xxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx Xxx Xxxx 00000 or such other address as designated by Taberna Capital Management, LLC); and (iii) any Owner of the Preferred Securities reasonably identified to the Company and the Trust (which identification may be made either by such Owner or by Taberna Capital Management, LLC) a duly completed and executed certificate substantively and substantially in the form attached hereto as Exhibit A, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Parent Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Parent Guarantor and not later than ninety (90) days after the end of each fiscal year of the Parent Guarantor.

Periodic Reports to the Guarantee Trustee. (a) The Parent Guarantor shall deliver to the Guarantee Trustee, within ninety (90) days after the end of each fiscal year of the Parent Guarantor ending after the date of this Parent Guarantee Agreement, an Officers’ ' Certificate covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Parent Guarantor is in default in the performance or observance of any of the terms or provisions or any of the conditions of this Parent Guarantee Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Parent Guarantor shall be in default thereof, specifying all such defaults and the nature and status thereof of which they have knowledge. (b) The Parent Guarantor shall furnish to (i) to the Guarantee Trustee; (ii) Taberna Capital Management, LLCLLC ("Taberna"), 0000 Xxxxxx Xxxxxxat 450 Park Avenue, 00xx XxxxxNew York, XxxxxxxxxxxxNew York 10022, Xxxxxxxxxxxx 00000 or such other address as designated by Taberna Capital Management, LLC); and ax xxxxxxxxxx xx Xxxxxxx xxx (iiixxx) any Owner xxx Xxxer of the Preferred Securities reasonably identified to the Company and the Trust (which identification may be made either by such Owner or by Taberna Capital Management, LLCTaberna) a duly completed and executed certificate substantively and substantially in the form attached hereto as Exhibit A, including the financial statements referenced in such Exhibit, Exhibit (or notice of public filing of such financial statements pursuant to Section 2.2(c) hereof) which certificate and financial statements shall be so furnished by the Parent Guarantor not later than forty forty-five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Parent Guarantor and not later than ninety (90) days after the end of each fiscal year of the Parent Guarantor. (c) If the Parent Guarantor intends to file its annual and quarterly information with the Securities and Exchange Commission (the "Commission") in electronic form pursuant to Regulation S-T of the Commission using the Commission's Electronic Data Gathering, Analysis and Retrieval ("EDGAR") system, the Parent Guarantor shall notify the Beneficiariex xx the manner prescribed herein of each such annual and quarterly filing. The Beneficiaries are hereby authorized and directed to access the EDGAR system for purposes of retrieving the financial information xx filed. The Beneficiaries shall have no duty to search for or obtain any electronic or other filings that the Parent Guarantor makes with the Commission, regardless of whether such filings are periodic, supplemental or otherwise.

Periodic Reports to the Guarantee Trustee. (a) The Parent Guarantor shall deliver to the Guarantee Trustee, within ninety (90) days after the end of each fiscal year of the Parent Guarantor ending after the date of this Parent Guarantee Agreement, an Officers’ Certificate covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Parent Guarantor is in default in the performance or observance of any of the terms or provisions or any of the conditions of this Parent Guarantee Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Parent Guarantor shall be in default thereof, specifying all such defaults and the nature and status thereof of which they have knowledge. (b) The Parent Guarantor shall furnish to (i) to the Guarantee Trustee; (ii) Taberna Capital Managementto the Holders, LLCat 0000 Xxxxxx Xxxx., 0000 Suite 450, Arlington, VA 22201, Attention: Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000 Chief Financial Officer or such other address as designated by Taberna Capital Management, LLCsuch Holders); and (iii) any Owner of the Preferred Securities reasonably identified to the Company and the Trust (which identification may be made either by such Owner or by Taberna Capital Management, LLCOwner) a duly completed and executed certificate substantively and substantially in the form attached hereto as Exhibit A, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Parent Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Parent Guarantor and not later than ninety (90) days after the end of each fiscal year of the Parent Guarantor.

Periodic Reports to the Guarantee Trustee. (a) The Parent Guarantor shall deliver to the Guarantee Trustee, within ninety (90) days after the end of each fiscal year of the Parent Guarantor ending after the date of this Parent Guarantee Agreement, an Officers’ ' Certificate covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Parent Guarantor is in default in the performance or observance of any of the terms or provisions or any of the conditions of this Parent Guarantee Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Parent Guarantor shall be in default thereof, specifying all such defaults and the nature and status thereof of which they have knowledge. (b) The Parent Guarantor shall furnish to (i) to the Guarantee Trustee; (ii) Taberna Capital Management, LLC, 0000 Xxxxxx Xxxxxx000 Xxxx, 00xx Xxxxx, XxxxxxxxxxxxXxx Xxxx, Xxxxxxxxxxxx 00000 Xxx Xxxx 00000, or such other address as designated by Taberna Capital Management, LLC); and (iii) any Owner of the Preferred Securities reasonably identified to the Company and the Trust (which identification may be made either by such Owner or by Taberna Capital Management, LLC) a duly completed and executed certificate substantively and substantially in the form attached hereto as Exhibit A, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Parent Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Parent Guarantor and not later than ninety (90) days after the end of each fiscal year of the Parent Guarantor.

Periodic Reports to the Guarantee Trustee. (a) The Parent Guarantor shall deliver to the Guarantee Trustee, within ninety one hundred twenty (90120) days after the end of each fiscal year of the Parent Guarantor ending after the date of this Parent Guarantee Agreement, an Officers’ Officer's Certificate covering the preceding fiscal year, stating whether or not to the knowledge of the signers signer thereof the Parent Guarantor is in default in the performance or observance of any of the terms or provisions or any of the conditions of this Parent Guarantee Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Parent Guarantor shall be in default thereof, specifying all such defaults and the nature and status thereof of which they have such person has knowledge. (b) The Parent Guarantor shall furnish to (i) to the Guarantee Trustee; (ii) Taberna Capital ManagementCohen & Company, LLC2929 Arch Street, 0000 Xxxxxx XxxxxxSuite 1703, 00xx XxxxxPhiladelphia, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000 Pennsylvxxxx 19104 or such other address as designated by Taberna Capital Management, LLC)sucx xxxxx xxxxxxx xx xxxxxxxxxx xx Xxxxx & Xxxxxxx; and xxx (iiixxx) any Owner xxy Holder of the Preferred Securities reasonably reaxxxxxly identified to the Company and the Trust (which identification may be made either by such Owner Holder or by Taberna Capital Management, LLCCohen & Company) a duly completed and executed certificate substantively and substantivxxx xnd substantially in the form attached hereto as Exhibit A, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Parent Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Parent Guarantor and not later than ninety (90) days after the end of each fiscal year of the Parent Guarantor.

Periodic Reports to the Guarantee Trustee. (a) The Parent Guarantor shall deliver to the Guarantee Trustee, within ninety (90) days after the end of each fiscal year of the Parent Guarantor ending after the date of this Parent Guarantee Agreement, an Officers’ Certificate covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Parent Guarantor is in default in the performance or observance of any of the terms or provisions or any of the conditions of this Parent Guarantee Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Parent Guarantor shall be in default thereof, specifying all such defaults and the nature and status thereof of which they have knowledge. (b) The Parent Guarantor shall furnish to (i) to the Guarantee Trustee; (ii) Taberna Capital Xxxxx Bros. Financial Management, LLC, 0000 Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000 or such other address as designated by Taberna Capital Xxxxx Bros. Financial Management, LLC); and (iii) any Owner of the Preferred Securities reasonably identified to the Company and the Trust (which identification may be made either by such Owner or by Taberna Capital Xxxxx Bros. Financial Management, LLC) a duly completed and executed certificate substantively and substantially in the form attached hereto as Exhibit A, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Parent Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Parent Guarantor and not later than ninety (90) days after the end of each fiscal year of the Parent Guarantor. The delivery requirements set forth in this Section 2.2(b) may be satisfied by compliance with Section 7.3(b) of the Indenture.

Periodic Reports to the Guarantee Trustee. (a) The Parent Guarantor shall deliver to the Guarantee Trustee, within ninety (90) days after the end of each fiscal year of the Parent Guarantor ending after the date of this Parent Guarantee Agreement, an Officers’ Certificate covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Parent Guarantor is in default in the performance or observance of any of the terms or provisions or any of the conditions of this Parent Guarantee Agreement (without regard to any period of grace or requirement of notice provided hereunder) and, if the Parent Guarantor shall be in default thereof, specifying all such defaults and the nature and status thereof of which they have knowledge. (b) The Parent Guarantor shall furnish to (i) to the Guarantee Trustee; (ii) to Taberna Capital Management, LLC, 0000 Xxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000 (or such other address as designated by Taberna Capital Management, LLC); and (iii) any Owner of the Preferred Securities reasonably identified to the Company and the Trust (which identification may be made either by such Owner or by Taberna Capital Management, LLC) a duly completed and executed certificate substantively and substantially in the form attached hereto as Exhibit A, including the financial statements referenced in such Exhibit, which certificate and financial statements shall be so furnished by the Parent Guarantor not later than forty five (45) days after the end of each of the first three fiscal quarters of each fiscal year of the Parent Guarantor and not later than ninety (90) days after the end of each fiscal year of the Parent Guarantor.