Pricing Certificate. At the time the financial statements are furnished pursuant to subsections (a) and (b) above, a certificate substantially in the form of Exhibit K (a "Pricing Certificate") executed by the chief financial officer of the Parent (i) setting forth as of the end of such quarterly accounting period or fiscal year, as the case may be, the calculations required to establish the ratio of Total Liabilities to Gross Asset Value (as determined in accordance with Section 8.1.) and (ii) stating the corresponding level of Applicable Margin with respect to such ratio.
Pricing Certificate. The form of the Pricing Certificate is hereby amended to read as set forth in the attachment hereto.
Pricing Certificate. A Pricing Certificate prepared as of the end of the most recently ended Fiscal Quarter, giving pro forma effect to the occurrence of the First Mortgage Notes Redemption, the First Mortgage Notes Defeasance, the Closing Disbursement and the Senior Subordinated Notes Effective Date.
Pricing Certificate. As soon as practicable, and in any event within forty-five (45) days after the end of each Fiscal Quarter (including the fourth (4th) Fiscal Quarter in any Fiscal Year), a pricing certificate in the form marked "Exhibit E", affixed to the Credit Agreement and by this reference incorporated herein and made a part hereof (the "Pricing Certificate") setting forth a preliminary calculation of the Leverage Ratio as of the last day of such Fiscal Quarter, and providing reasonable detail as to the calculation thereof, which calculations shall be based on the preliminary unaudited financial statements of the Borrower Consolidation for such Fiscal Quarter, and as soon as practicable thereafter, in the event of any material variance in the actual calculation of the Leverage Ratio from such preliminary calculation, a revised Pricing Certificate setting forth the actual calculation thereof; provided, however, that in the event that Borrowers do not deliver a Pricing Certificate when due, then until (but only until) such Pricing Certificate is delivered as provided herein, the Leverage Ratio shall be deemed, for the purpose of determining the Applicable Margin, to be greater than 2.5 to 1.0 and the Applicable Margin determined with respect thereto.
Pricing Certificate. Together with each delivery of financial statements of Borrower and its Subsidiaries pursuant to subsections 4.6(A) above and 4.6(C) below for any month in which a Determination Date occurs, Borrower will deliver a fully and properly completed Pricing Certificate in substantially the form as Exhibit 4.6(B) signed by Borrower's chief executive officer or chief financial officer.
Pricing Certificate. A certificate of a Responsible Officer of the Parent, dated the Restatement Effective Date, as to the Total Leverage Ratio referred to in the definition of "Applicable Pricing Level" in Section 1.01 hereof.
Pricing Certificate. During the period that is between 150 and 240 days following the end of each calendar year (commencing with the calendar year ending December 31, 2022), the Borrower shall deliver to the Administrative Agent, the Sustainability Structuring Agent and the Banks, a Pricing Certificate for the most recently-ended calendar year, together with a copy of the Sustainability Report and a review report of the Sustainability Assurance Provider with respect to GHG Emissions for such year; provided, that for any calendar year the Borrower may elect not to deliver a Pricing Certificate, such election shall not constitute a Default or Event of Default (but such failure to so deliver a Pricing Certificate by the end of such 150 to 240-day period shall result in the Sustainability Rate Adjustment and the Sustainability Facility Fee Adjustment being applied at the Sustainability Threshold Adjustment as set forth in Section 2.21(c)). Failure of the Borrower to deliver a Pricing Certificate within the time frame specified above shall be deemed to be an election by the Borrower to not deliver a Pricing Certificate for such period.
Pricing Certificate. Prior to the Investment Grade Rating Date, at the time the financial statements are furnished pursuant to subsections (a)(i) and (a)(ii) above, a certificate in the form of Exhibit L setting forth at the end of such quarterly accounting period or fiscal year, as the case may be, (A) the calculations required to establish the ratio of Total Liabilities to Gross Asset Value and (B) stating the corresponding Level of Applicable Margin with respect to such ratio. (h) The Credit Agreement is further amended by adding the following new clause (xxii) after clause (xxi) of Section 7.1.(a) thereof and renumbering clause (xxii) in such Section as clause (xxiii):
Pricing Certificate. As soon as available and in any event before the close of the current fiscal year of the Company for each fiscal year of the Company until (and including) the fiscal year ended December 31, 2026, a Pricing Certificate for the most recently-ended fiscal year identified on the Sustainability Table; provided, that, for any fiscal year the Company may elect not to deliver a Pricing Certificate, and if the Company fails to timely deliver a Pricing Certificate in accordance with this clause (vii), such failure shall not constitute a Default (but such failure to deliver a Pricing Certificate shall result in the Sustainability Applicable Margin Adjustment and the Sustainability Applicable Commitment Fee Percentage Adjustment being applied as set forth in Section 2.23(c)). In lieu of furnishing to the Agent paper copies of the documents required to be delivered pursuant to Sections 5.01(a)(i) and (ii), to the extent such documents are filed with the SEC or, in the case of clause (vii), posted on the Company’s Internet website, the documents shall be deemed to have been delivered on the date on which the Company posts such documents on its Internet website or on the SEC’s XXXXX system. Notwithstanding the foregoing, the Company shall deliver paper copies of such documents to any Lender that requests the Company to deliver such paper copies.
Pricing Certificate. The Agent shall have received a Pricing Certificate, executed and delivered by a duly authorized officer of the Borrower setting forth the Partial Electrification Bucket Trucks as of the Closing Date and the Baseline DART Rate.
