Solvency Certificate; Insurance Certificates, etc. On the Effective Date, the Administrative Agent shall have received:
(i) a solvency certificate from the chief financial officer of the Administrative Borrower in the form of Exhibit J hereto; and
(ii) certificates of insurance complying with the requirements of Section 8.03 for the business and properties of the Administrative Borrower and its Restricted Subsidiaries, in form and substance reasonably satisfactory to the Administrative Agent and naming the Collateral Agent as an additional insured and/or as loss payee.
Solvency Certificate; Insurance Certificates, etc. On the Initial Borrowing Date, the Administrative Agent shall have received:
(i) a solvency certificate from the chief financial officer of the U.S. Borrower in the form of Exhibit J hereto; and
(ii) customary certificates of insurance for the business and properties of Holdings and its Subsidiaries.
Solvency Certificate; Insurance Certificates, etc. On the Effective Date, the Administrative Agent shall have received:
(i) a solvency certificate from the chief financial officer of the Borrower in the form of Exhibit I; and
(ii) certificates of insurance complying with the requirements of Section 9.03 for the business and properties of the Borrower and its Subsidiaries, in form and substance reasonably satisfactory to the Administrative Agent and naming the Collateral Agent as an additional insured and/or as loss payee, and stating that such insurance shall not be canceled without at least 30 days’ prior written notice by the insurer to the Collateral Agent.
Solvency Certificate; Insurance Certificates, etc. On the Funding Date, the Administrative Agent shall have received:
(i) a solvency certificate from the chief financial officer of Parent in the form of Exhibit J hereto;
(ii) certificates of insurance complying with the requirements of Section 7.03 for the business and properties of Parent and its Subsidiaries, in form and substance reasonably satisfactory to the Administrative Agent and naming the Collateral Agent as an additional insured and/or as loss payee, and stating that such insurance shall not be canceled or materially revised without at least 30 days’ prior written notice by the insurer to the Collateral Agent; and
(iii) if requested by the Administrative Agent, environmental and hazardous substance analyses with respect to the Real Property of Parent and its Subsidiaries in scope, form and substance reasonably acceptable to the Administrative Agent and the Required Lenders, together with a satisfactory reliance letter addressed to the Administrative Agent and the Lenders.
Solvency Certificate; Insurance Certificates, etc. On or before the Initial Borrowing Date, the Lender shall have received:
(a) a solvency certificate in the form of Exhibit H-1 from the chief financial officer and the chairman of the Borrower Representative, dated the Initial Borrowing Date, and supporting the conclusion that, after giving effect to the Transaction and the incurrence of all financings contemplated herein, the Borrower (on a stand alone basis) and its Subsidiaries (on a consolidated basis) and Parent and its Subsidiaries (on a consolidated basis), in each case, are not insolvent and will not be rendered insolvent by the indebtedness incurred in connection herewith, will not be left with unreasonably small capital with which to engage in its or their respective businesses and will not have incurred debts beyond its or their ability to pay such debts as they mature and become due; and
(b) evidence of insurance complying with the requirements of Section 8.03 for the business and properties of Parent and its Subsidiaries, in scope, form and substance reasonably satisfactory to the Lender and naming the Lender as an additional insured and/or loss payee, and stating that such insurance shall not be canceled or materially revised without at least 30 days' prior written notice by the insurer to the Lender.
Solvency Certificate; Insurance Certificates, etc. On the Restatement Effective Date, the Administrative Agent shall have received:
(i) a solvency certificate from an Authorized Officer (with actual knowledge of the financial affairs of such entities) of each of the Parent Guarantors substantially in the form of Exhibit J hereto; and
(ii) certificates of insurance complying with the requirements of Section 9.03 for the business and properties of the Obligors, in form and substance reasonably satisfactory to the Administrative Agent and naming the Security Agent as an additional insured and/or as loss payee, and stating that such insurance shall not be canceled without at least 30 days’ prior written notice by the insurer to the Security Agent.
Solvency Certificate; Insurance Certificates, etc. On the Effective Date, the Administrative Agent shall have received:
(i) a solvency certificate in the form of Exhibit L from the chief financial officer of the Borrower, dated the Effective Date, and supporting the conclusion that, after giving effect to the Transaction and the incurrence of all financings contemplated herein, the Borrower (on a stand-alone basis), and the Borrower and its Subsidiaries (on a consolidated basis), in each case, are not insolvent and will not be rendered insolvent by the indebtedness incurred in connection herewith, will not be left with unreasonably small capital with which to engage in its or their respective businesses and will not have incurred debts beyond its or their ability to pay such debts as they mature and become due; and
(ii) evidence of insurance complying with the requirements of Section 8.03 for the business and properties of the Borrower and its Domestic Subsidiaries, in scope, form and substance reasonably satisfactory to the Administrative Agent and naming the Collateral Agent as an additional insured and/or loss payee, and stating that such insurance shall not be canceled or materially revised without at least 30 days' prior written notice by the respective insurer to the Collateral Agent.
Solvency Certificate; Insurance Certificates, etc. On or before the Initial Borrowing Date, the Administrative Agent shall have received:
(a) a solvency certificate in the form of Exhibit J from the acting chief financial officer of the U.S. Borrower, dated the Initial Borrowing Date, and supporting the conclusion that, after giving effect to the Transaction and the incurrence of all financings contemplated herein, each Borrower (on a stand-alone basis), the U.S. Borrower and its Subsidiaries (on a consolidated basis), and the European Borrower and its Subsidiaries (on a consolidated basis), in each case, are not insolvent and will not be rendered insolvent by the indebtedness incurred in connection herewith, will not be left with unreasonably small capital with which to engage in its or their respective businesses and will not have incurred debts beyond its or their ability to pay such debts as they mature and become due; and
(b) evidence of insurance complying with the requirements of Section 8.03 for the business and properties of the U.S. Borrower and its Subsidiaries, in scope, form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders and naming the Collateral Agent as an additional insured and/or loss payee, and stating that such insurance shall not be canceled or materially revised without at least 30 days' prior written notice by the insurer to the Collateral Agent.
Solvency Certificate; Insurance Certificates, etc. On the Initial Borrowing Date, the Administrative Agent shall have received:
(i) a solvency certificate from the chief financial officer of Holdings in the form of Exhibit J hereto; and
(ii) certificates of insurance complying with the requirements of Section 9.03 for the business and properties of Holdings and its Subsidiaries (other than local insurance policies maintained by Foreign Subsidiaries of the Borrower that are not material), in form and substance reasonably satisfactory to the Administrative Agent and naming the Collateral Agent as an additional insured and/or as loss payee, and stating that such insurance shall not be canceled or materially revised without at least 10 days’ prior written notice in the case of nonpayment of premiums and in all other cases 30 days’ prior written notice by the insurer to the Collateral Agent.
Solvency Certificate; Insurance Certificates, etc. Fees, etc.
