Common use of Quarterly Compliance Certificate Clause in Contracts

Quarterly Compliance Certificate. Concurrently with the financial statements furnished pursuant to paragraph (n) of this Section 8.1, the Borrowers shall furnish to the Lender a Quarterly Compliance Certificate duly executed by the chief financial officer or other Authorized Officer of each of the Borrowers: (i) stating that, based upon such examination or investigation and review of this Agreement as in the opinion of the signer is necessary to enable the signer to express an informed opinion with respect thereto, no Default, Event of Default or Other Default has occurred during such period or as at the date of such certificate or, if any Default, Event of Default or Other Default shall have occurred, specifying all such Defaults, Events of Default and Other Defaults, the nature and period of existence thereof and what action the Borrowers have taken, are taking or propose to take with respect thereto; (ii) confirming that the Outstandings did not exceed the Borrowing Base as at the most recent date for which the Borrowers were required to provide a Margin Report pursuant to paragraph (p) of this Section 8.1; and (iii) at all times during which the Borrowers are required to be in compliance with the financial ratios described in paragraphs (x) and (y) of this Section 8.1, setting forth computations in reasonable detail showing as of the end of the period covered by such financial statements such financial ratios.

Quarterly Compliance Certificate. Concurrently Simultaneously with the delivery of the quarterly financial statements furnished pursuant to paragraph of the Borrower Parties required by clause (nb) of this Section 8.17.2, a certificate of the Borrowers shall furnish to Chief Financial Officer of the Lender Borrower Representative (a “Quarterly Compliance Certificate duly executed by Certificate”) in the chief financial officer form of Exhibit E hereto or such other form acceptable to Agent: certifying (or providing a schedule of exceptions) that the Authorized Officer of each of has reviewed the Borrowers: (i) stating that, based upon such examination or investigation and review provisions of this Agreement as in and the opinion other Loan Documents and has made or caused to be made under his or her supervision a review of the signer condition and operations of the Borrower Parties during the period covered by such financial statements with a view to determining whether the Borrower Parties were in compliance with all of the provisions of this Agreement and such Loan Documents at the times such compliance is necessary to enable required hereby and thereby, and that such review has not disclosed, and such Authorized Officer has no knowledge of, the signer to express occurrence and continuance during such period of an informed opinion with respect thereto, no Default, Event of Default or Other Default has occurred during such period or as at the date of such certificate or, if any Default, an Event of Default or Other Default shall have occurredhad occurred and continued or is continuing, specifying all such Defaults, Events of Default and Other Defaults, describing the nature and period of existence thereof and what the action which the Borrowers have taken, are taking or Loan Parties propose to take or have taken with respect thereto; ; (ii) confirming that each of the Outstandings did not exceed the Borrowing Base as at the most recent date for which the Borrowers were required to provide a Margin Report pursuant to paragraph (p) of this Section 8.1; and (iii) at representations and warranties made in Article VI hereof shall be true and correct in all times during which the Borrowers are required to be in compliance with the financial ratios described in paragraphs (x) and (y) of this Section 8.1, setting forth computations in reasonable detail showing material respects as of the end date thereof with the same effect as though made on and as of such date, except to the period covered extent such representations and warranties expressly relate to an earlier date (in which case such representations and warranties shall be true and correct in all material respects as of such earlier date) and except to the extent of changes permitted by such financial statements such financial ratios.the terms of this Agreement; provided that any representation and warranty qualified by “materiality”, “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects;