Responsible Officer’s Certificate of the Issuer Regarding Indenture. A Responsible Officer’s certificate of the Issuer stating that, to the best of the signing Responsible Officer’s knowledge, the Issuer is not in default under this Indenture and that the issuance of the Notes applied for by it will not result in a default or a breach of any of the terms, conditions or provisions of, or constitute a default under, its organizational documents, any indenture or other agreement or instrument to which it is a party or by which it is bound, or any order of any court or administrative agency entered in any Proceeding to which it is a party or by which it may be bound or to which it may be subject; that all conditions precedent provided herein relating to the authentication and delivery of the Notes applied for by it have been complied with; and that all expenses due or accrued with respect to the Offering of such Notes or relating to actions taken on or in connection with the Closing Date have been paid or reserves therefor have been made. The Responsible Officer’s certificate of the Issuer shall also state that, to the best of the signing Responsible Officer’s knowledge, all of the Issuer’s representations and warranties contained herein are true and correct as of the Closing Date.
Appears in 6 contracts
Samples: Indenture (NewStar Financial, Inc.), Indenture (NewStar Financial, Inc.), Indenture (NewStar Financial, Inc.)
Responsible Officer’s Certificate of the Issuer Regarding Indenture. A Responsible Officer’s certificate of the Issuer stating that, to the best of the signing Responsible Officer’s knowledge, the Issuer is not in default under this Indenture and that the issuance of the additional Notes applied for by it will not result in a default or a breach of any of the terms, conditions or provisions of, or constitute a default under, its organizational documents, any indenture or other agreement or instrument to which it is a party or by which it is bound, or any order of any court or administrative agency entered in any Proceeding to which it is a party or by which it may be bound or to which it may be subject; that the provisions of Section 2.13 and all conditions precedent provided herein in this Indenture relating to the authentication and delivery of the additional Notes applied for by it have been complied with; and that all expenses due or accrued with respect to the Offering of such Notes or relating to actions taken on or in connection with the Closing Date additional issuance have been paid or reserves therefor have been made. The Responsible Officer’s certificate of the Issuer shall also state that, to the best of the signing Responsible Officer’s knowledge, all of the Issuer’s representations and warranties contained herein are true and correct as of the Closing Datedate of additional issuance.
Appears in 4 contracts
Samples: Indenture (NewStar Financial, Inc.), Indenture (NewStar Financial, Inc.), Indenture (NewStar Financial, Inc.)