Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent as to the financial condition, solvency and related matters of the Credit Parties, taken as a whole, in substantially the form of Exhibit 4.1(h) hereto.
Appears in 3 contracts
Samples: Credit Agreement (Red Robin Gourmet Burgers Inc), Credit Agreement (Red Robin Gourmet Burgers Inc), Credit Agreement (Red Robin Gourmet Burgers Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent Company as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(f) hereto.
Appears in 3 contracts
Samples: Credit Agreement (Esterline Technologies Corp), Credit Agreement (Esterline Technologies Corp), Credit Agreement (Esterline Technologies Corp)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each of the Credit Parties, Parties and the Credit Parties and their Significant Subsidiaries taken as a whole, after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.1(g) hereto.
Appears in 3 contracts
Samples: Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Responsible Officer approved by the Administrative Agent of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h) hereto).
Appears in 3 contracts
Samples: Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.), Credit Agreement (GPM Petroleum LP)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a whole, after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.1(g) hereto.
Appears in 3 contracts
Samples: Credit Agreement (Pep Boys Manny Moe & Jack), Credit Agreement (Pep Boys Manny Moe & Jack), Credit Agreement (Pep Boys Manny Moe & Jack)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit Schedule 4.1(h) hereto.
Appears in 3 contracts
Samples: Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(f) hereto.
Appears in 3 contracts
Samples: Credit Agreement (Lehigh Gas Partners LP), Credit Agreement (Impax Laboratories Inc), Credit Agreement (Esterline Technologies Corp)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(f) hereto.
Appears in 3 contracts
Samples: Escrow Agreement (Atlas Merger Subsidiary, Inc.), Credit Agreement (Eclipsys Corp), Credit Agreement (Eclipsys Corp)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the initial borrowings under this Amendment, in substantially the form of Exhibit 4.1(h4.1(g) heretoto the Credit Agreement.
Appears in 3 contracts
Samples: Credit Agreement (New Century Transportation, Inc.), Credit Agreement (New Century Transportation, Inc.), Credit Agreement (New Century Transportation, Inc.)
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each Borrower, in each case after giving effect to the IPO and the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-3 hereto.
Appears in 2 contracts
Samples: Credit Agreement (Si International Inc), Credit Agreement (Si International Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and its Restricted Subsidiaries, after giving effect to this Agreement and the transactions contemplated hereby and the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h5.1(g) hereto.
Appears in 2 contracts
Samples: Credit Agreement (Sun Communities Inc), Credit Agreement (Sun Communities Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Company as to the financial condition, solvency and related matters of each Credit Party, in each case after giving effect to the initial Extensions of Credit under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(hSchedule 4.1(j) hereto.
Appears in 2 contracts
Samples: Credit Agreement (Lionbridge Technologies Inc /De/), Credit Agreement (Lionbridge Technologies Inc /De/)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a whole, after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 2 contracts
Samples: Credit Agreement (Bravo Brio Restaurant Group, Inc.), Credit Agreement (Bravo Brio Restaurant Group, Inc.)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and its Subsidiaries, after giving effect to the Transactions and the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 2 contracts
Samples: Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Ani Pharmaceuticals Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by from the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each Credit Party after giving effect to the current borrowings under the Credit PartiesDocuments, taken as a wholethe funding of the Tranche B Term Loan and the other transactions contemplated hereby, in substantially the form of Exhibit Schedule 4.1(h) hereto.
Appears in 2 contracts
Samples: Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 2 contracts
Samples: Credit Agreement (Armor Holdings Inc), Credit Agreement (Riviera Holdings Corp)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent as to the financial condition, solvency and related matters of the Credit Parties, taken as a whole, in substantially the form of Exhibit 4.1(h) Schedule 4.1-2 hereto.
Appears in 2 contracts
Samples: Credit Agreement (Red Robin Gourmet Burgers Inc), Credit Agreement (Red Robin Gourmet Burgers Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each Credit Party, in each case after giving effect to the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-3 hereto.
Appears in 2 contracts
Samples: Credit Agreement (Bradley Pharmaceuticals Inc), Credit Agreement (Bradley Pharmaceuticals Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer a Responsible Officer of the Parent Borrowers as to the financial condition, solvency and related matters of the Credit PartiesBorrowers, taken as a wholeafter giving effect to the initial borrowings under the Loan Documents, in substantially the form of Exhibit 4.1(h) G hereto.
Appears in 2 contracts
Samples: Revolving Loan Agreement (Capital Lease Funding Inc), Revolving Loan Agreement (Capital Lease Funding Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate for the Obligors (taken as a whole) prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit Parties, Obligors (taken as a whole), in substantially each case after giving effect to the form of Exhibit 4.1(h) heretoinitial borrowings under this Agreement.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent Borrowers as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(f) hereto.
Appears in 2 contracts
Samples: Credit Agreement (CrossAmerica Partners LP), Credit Agreement (CrossAmerica Partners LP)
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate for the Credit Parties prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each of the Credit Parties, taken as a wholein each case after giving effect to the Acquisition and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.2(f) hereto.
Appears in 2 contracts
Samples: Credit Agreement (Intermagnetics General Corp), Credit Agreement (Intermagnetics General Corp)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent Company as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 2 contracts
Samples: Credit Agreement (Primo Water Corp), Credit Agreement (Primo Water Corp)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared executed by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent Company as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(f) hereto.
Appears in 2 contracts
Samples: Credit Agreement (Innophos Holdings, Inc.), Credit Agreement (Innophos Holdings, Inc.)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(d) hereto.
Appears in 2 contracts
Samples: Credit Agreement (Riviera Holdings Corp), Credit Agreement (Riviera Holdings Corp)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Company as to the financial condition, solvency and related matters of each Credit Party, in each case after giving effect to the Acquisition and the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-2 hereto.
Appears in 2 contracts
Samples: Credit Agreement (Orthofix International N V), Credit Agreement (Orthofix International N V)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate for each Borrower prepared by the chief financial officer a Responsible Officer of the Parent Company as to the financial condition, solvency and related matters of such Borrower, in each case after giving effect to the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(hSchedule 4.1(f) hereto.
Appears in 2 contracts
Samples: Credit Agreement (Ims Health Inc), Credit Agreement (Ims Health Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Company as to the financial condition, solvency and related matters of the Credit PartiesParties and their Restricted Subsidiaries, taken as a wholeafter giving effect to the Acquisition and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.1(i) hereto.
Appears in 2 contracts
Samples: Agency Succession and Amendment Agreement (GateHouse Media, Inc.), Credit Agreement (GateHouse Media, Inc.)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate for the Credit Parties prepared by the chief financial officer of the Parent as to the financial condition, solvency and related matters of the Credit Parties, taken as a whole, Borrower in substantially the form of Exhibit 4.1(h) hereto5.01(n).
Appears in 2 contracts
Samples: Credit Agreement (Dycom Industries Inc), Credit Agreement (Dycom Industries Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit Parties, taken as a wholeParties after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit Schedule 4.1(h) hereto.
Appears in 2 contracts
Samples: Credit Agreement (Belden Inc.), Credit Agreement (Belden CDT Inc.)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Company as to the financial condition, solvency and related matters of each Credit Party, in each case after giving effect to the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-2 hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 1 contract
Samples: Credit Agreement (Infospace Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared executed by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent Company as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Restatement Date Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and its Restricted Subsidiaries, after giving effect to this Amendment, the Credit Parties, taken as a whole, in substantially Extensions on the form of Exhibit 4.1(hThird Amendment Effective Date (if any) heretoand the transactions contemplated hereby.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower (or other Responsible Officer reasonably acceptable to the Administrative Agent) as to the financial condition, solvency and related matters of the Guarantors and their Subsidiaries, after giving effect to the initial borrowings under the Credit Parties, taken as a wholeDocuments and assuming the Restructuring Effective Date occurs, in substantially the form of Exhibit 4.1(h) hereto.
Appears in 1 contract
Samples: Second Lien Term Loan Facility (Horizon Lines, Inc.)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and its Subsidiaries, on a consolidated basis, after giving effect to the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-2 hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and the Credit PartiesParties and their Subsidiaries, taken as a whole, after giving effect to the Acquisition, the initial extensions of credit under the First Lien Credit Agreement and the borrowings under the Credit Documents, in substantially the form of Exhibit Schedule 4.1(h) hereto.
Appears in 1 contract
Samples: Second Lien Credit Agreement (American Pacific Corp)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Authorized Officer reasonably approved by the Administrative Agent of the Parent Company as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Company as to the financial condition, solvency and related matters of the Credit PartiesParties and their Restricted Subsidiaries, taken as a wholeafter giving effect to the Acquisitions consummated on the Closing Date and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.1(i) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate for the Credit Parties prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and the Credit Parties, Parties taken as a whole, after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h) heretoSchedule 4.1(n).
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate Officers' Certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesBorrower, individually, and the Loan Parties and their Subsidiaries taken as a whole, after giving effect to the Dividend Transaction and the initial borrowings under the Loan Documents, in substantially the form of Exhibit 4.1(h) XIII hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and the Credit PartiesParties and their Subsidiaries, taken as a whole, after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit Schedule 4.1(h) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate for the Credit Parties prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and of the Credit Parties, Parties taken as a whole, after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.1(e) hereto.
Appears in 1 contract
Samples: Credit Agreement (West Corp)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other AuthorizedResponsible Officer approved by the Administrative Agent of the Parent Borrowers as to the financial condition, solvency and related matters of the Credit PartiesParties and their Restricted Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate for the Credit Parties prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each of the Credit Parties, taken as a wholein each case after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.1(f) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate for each Borrower prepared by the chief financial officer a Responsible Officer of the Parent such Borrower as to the financial condition, solvency and related matters of such Borrower, in each case after giving effect to the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(hSchedule 4.1(f) hereto.
Appears in 1 contract
Samples: Credit Agreement (Ims Health Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each Credit Party, in each case after giving effect to the Spin-off and the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-2 hereto.
Appears in 1 contract
Samples: Credit Agreement (Neighborcare Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions, the Equity Issuance, the Tender Offier and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Company as to the financial condition, solvency and related matters of each Credit Party, in each case after giving effect to the Acquisition and the initial Extensions of Credit under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(hSchedule 4.1(j) hereto.
Appears in 1 contract
Samples: Credit Agreement (Lionbridge Technologies Inc /De/)
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each Credit Party, in each case after giving effect to the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-3 hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate for the Credit Parties prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and the Credit Parties, Parties taken as a whole, after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h) heretoSchedule 4.1(n).
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.1(i) hereto.
Appears in 1 contract
Samples: Credit Agreement (Juno Lighting Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Company as to the financial condition, solvency and related matters of the Credit PartiesParties and their Restricted Subsidiaries, taken as a wholeafter giving effect to the Acquisitions, the initial extensions of credit under the First Lien Credit Agreement and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.1(i) hereto.
Appears in 1 contract
Samples: Secured Bridge Credit Agreement (GateHouse Media, Inc.)
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent as to the financial condition, solvency and related matters of each Credit Party, in each case after giving effect to the Acquisition and the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-2 hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and its Subsidiaries, after giving effect to the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) E hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate for the Credit Parties prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and of the Credit Parties, Parties taken as a whole, in each case after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h) Schedule 4.1-3 hereto.
Appears in 1 contract
Samples: Credit Agreement (Pantry Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Recapitalization, the issuance of the Notes and the initial borrowings under the Senior Debt Documents, in substantially the form of Exhibit 4.1(hSchedule 4.1(i) hereto.
Appears in 1 contract
Samples: Note Purchase Agreement (Bravo Brio Restaurant Group, Inc.)
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer or other Authorized Officer reasonably approved by the Administrative Agent of the Parent Company as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each of the Credit Parties, Parties and the Credit Parties and their Significant Subsidiaries taken as a whole, after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.1(f) hereto.
Appears in 1 contract
Samples: Credit Agreement (Gencorp Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared executed by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent Company as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Company as to the financial condition, solvency and related matters of each Credit Party and each CLS Party and their respective Subsidiaries, in each case after giving effect to the CLS Acquisition and the initial Extensions of Credit under the Credit PartiesDocuments, taken as a whole, which certifies to the representations in substantially the form of Exhibit 4.1(h) heretoSection 3.17.
Appears in 1 contract
Samples: Credit Agreement (Lionbridge Technologies Inc /De/)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate for the Company prepared by the chief financial officer of the Parent Responsible Officer as to the financial condition, solvency and related matters of the Company, in each case after giving effect to the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(hSchedule 4.1(f) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each Credit Party, in each case after giving effect to the Acquisition and the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-3 hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the borrowings under this Amendment, in substantially the form of Exhibit Schedule 4.1(h) heretoto the Credit Agreement.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent Borrowers as to the financial condition, solvency and related matters of the Credit PartiesParties and their Restricted Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit Parties, taken as a wholein each case after giving effect to the IPO and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h) Schedule 4.1-2 hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Initial Public Offering and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h) hereto.
Appears in 1 contract
Samples: Credit Agreement (Bravo Brio Restaurant Group, Inc.)
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate for the Credit Parties prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and of the Credit Parties, Parties taken as a whole, in each case after giving effect to the Acquisition and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.1(g) hereto.
Appears in 1 contract
Samples: Credit Agreement (West Corp)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent a Responsible Officer as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h) K hereto.
Appears in 1 contract
Samples: Credit Agreement (Itron Inc /Wa/)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate for the Credit Parties prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and the Credit Parties, Parties taken as a whole, after giving effect to the initial borrowings under the Credit Documents and the application of the proceeds thereof, in substantially the form of Exhibit 4.1(h) hereto5.01(l).
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate for the Credit Parties prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and the Credit Parties, Parties taken as a whole, after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.1(n) hereto...
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Amendment and the incurrence of the First Amendment Term Loan, in substantially the form of Exhibit 4.1(h4.1(g) heretoto the Credit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Osi Systems Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each Borrower and the Acquired Company and its Subsidiaries, in each case after giving effect to the Shenandoah Acquisition and the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-3 hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and the Credit PartiesParties and their Subsidiaries, taken as a whole, after giving effect to the Acquisition, the Second Lien Term Loan and the initial borrowings under the Credit Documents, in substantially the form of Exhibit Schedule 4.1(h) hereto.
Appears in 1 contract
Samples: First Lien Credit Agreement (American Pacific Corp)
Solvency Certificate. The Administrative Agent shall -------------------- have received an officer’s 's certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and its Subsidiaries, on a consolidated basis, after giving effect to the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-2 hereto.. --------------
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each Borrower and its Subsidiaries, in each case after giving effect the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) 4.1-3 hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and its Subsidiaries, after giving effect to the Acquisition and the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit Schedule 4.1(h) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent as to the financial condition, solvency and related matters of each Credit Party, in each case after giving effect to the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-2 hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each Credit Party, in each case after giving effect to the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-4 hereto.
Appears in 1 contract
Samples: Credit Agreement (Amedisys Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate for the Credit Parties prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each of the Credit Parties, taken as a wholein each case after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.2(f) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit Parties, Parties taken as a whole, after giving effect to the initial borrowings under the Loan Documents, in substantially the form of Exhibit 4.1(h) J hereto.
Appears in 1 contract
Samples: Credit Agreement (Tredegar Corp)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent BorrowerBorrowers as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(f) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit Parties, taken as a whole, in each case after giving effect the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h) Schedule 4.1-2 attached hereto.
Appears in 1 contract
Samples: Credit Agreement (MPS Group Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent as to the financial condition, solvency and related matters of each Credit Party, in each case after giving effect to the IPO and the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-2 hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate for the Credit Parties prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and of the Credit Parties, Parties taken as a whole, after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.1(e) hereto.
Appears in 1 contract
Samples: Credit Agreement (West Corp)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Responsible Officer approved by the Administrative Agent of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h) hereto4.1(g).
Appears in 1 contract
Samples: Credit Agreement (ARKO Corp.)
Solvency Certificate. The Administrative Agent shall have received an officerOfficer’s certificate Certificate for the Credit Parties prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Borrower and of the Credit Parties, Parties taken as a whole, in each case after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h) Schedule 4.1-2 hereto.
Appears in 1 contract
Samples: Credit Agreement (Pantry Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each Credit Party, in each case after giving effect to the IPO and the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-2 hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each of the Credit Parties, Parties and the Credit Parties and their Subsidiaries taken as a whole, after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit Schedule 4.1(h) hereto.
Appears in 1 contract
Samples: Credit Agreement (Gencorp Inc)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent Lead Borrower as to the financial condition, solvency and related matters of the Credit PartiesLead Borrower and its Subsidiaries, taken as a wholeafter giving effect to the Transactions to occur on the Closing Date, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Authorized Officer approved by the Administrative Agent of the Parent Borrowers as to the financial condition, solvency and related matters set forth in Section 3.17 of the Credit PartiesAgreement, taken as a wholeafter giving effect to the Amendment and the initial borrowings on the Fifth Amendment Effective Date, in substantially if any, pursuant to the form of Exhibit 4.1(h) heretoRevolver Increase.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate prepared by the chief financial officer of the Parent a Responsible Officer as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h) K hereto.
Appears in 1 contract
Samples: Credit Agreement (Itron Inc /Wa/)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each Borrower and LOGTEC, in each case after giving effect to the Credit Parties, taken as a wholeLOGTEC Acquisition and the Second Amendment Term Loan, in substantially the form of Exhibit 4.1(h) heretoSchedule 4.1-3 to the Credit Agreement.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit Parties, Parties taken as a whole, after giving effect to the initial borrowings under the Loan Documents, in substantially the form of Exhibit 4.1(h) I hereto.
Appears in 1 contract
Samples: Credit Agreement (Tredegar Corp)
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer of the Parent Borrowers as to the financial condition, solvency and related matters of the Credit PartiesParties and their Subsidiaries, taken as a whole, after giving effect to the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(hSchedule 4.1(g) attached hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate Officers' Certificate prepared by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of the Credit PartiesBorrower, individually, and the Loan Parties and their Subsidiaries taken as a whole, after giving effect to the Third Amendment and the borrowings under the Loan Documents in substantially form and substance satisfactory to the form of Exhibit 4.1(h) hereto.Administrative Agent; and
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared executed by the chief financial officer of the Parent Borrower as to the financial condition, solvency and related matters of each of the Borrower and the Guarantors in each case after giving effect to the Acquisition and the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(h) Schedule 4.1-2 hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s certificate prepared by the chief financial officer or other Responsible Officer approved by the Administrative Agent of the Parent Borrowers as to the financial condition, solvency and related matters of the Credit PartiesParties and their Restricted Subsidiaries, taken as a wholeafter giving effect to the Transactions and the initial borrowings under the Credit Documents, in substantially the form of Exhibit 4.1(h4.1(g) hereto.
Appears in 1 contract
Solvency Certificate. The Administrative Agent shall have received an officer’s 's certificate for each Credit Party and Coutts prepared by the chief financial executive vice president or higher officer of the Parent each such Person as to the financial condition, solvency and related matters of each such Person, in each case after giving effect to the Acquisition and the initial borrowings under the Credit Parties, taken as a wholeDocuments, in substantially the form of Exhibit 4.1(hSchedule 4.1(j) hereto.
Appears in 1 contract
Samples: Credit Agreement (Right Management Consultants Inc)