Solvency, etc. The Administrative Agent shall have received a solvency certificate duly executed and delivered by the chief financial or accounting Responsible Officer of the Borrower, dated as of the Closing Date, in form and substance reasonably satisfactory to the Administrative Agent.
Appears in 11 contracts
Samples: Forbearance Agreement and First Amendment to Credit Agreement and Guaranty (Icagen, Inc.), Forbearance Agreement and Third Amendment to Credit Agreement and Guaranty (Icagen, Inc.), Forbearance Agreement and First Amendment to Credit Agreement and Guaranty (Icagen, Inc.)
Solvency, etc. The Administrative Agent shall have received a solvency certificate duly executed and delivered by the chief financial or accounting Responsible Authorized Officer of the Borrowereach Obligor, dated as of the Closing Date, substantially in the form of Exhibit J or otherwise in form and substance reasonably satisfactory to the Administrative Agent.
Appears in 6 contracts
Samples: First Lien Credit Agreement (Energy Xxi (Bermuda) LTD), First Lien Credit Agreement (Energy Xxi (Bermuda) LTD), First Lien Credit Agreement (Energy Xxi (Bermuda) LTD)
Solvency, etc. The Administrative Agent shall have received a solvency certificate duly executed and delivered by the chief financial or accounting Responsible Authorized Officer of the BorrowerHoldings, dated as of the Closing Date, attesting to the solvency of Holdings, the Borrowers and the Guarantors, on a pro forma basis, after giving effect to the Transactions, in form and substance reasonably satisfactory to the Administrative Agent.
Appears in 4 contracts
Samples: Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Transportation Co Inc)
Solvency, etc. The Administrative Agent shall have received a solvency certificate certificate, in substantially the form of Exhibit K, duly executed and delivered by the chief financial or accounting Responsible Authorized Officer of the Borrower, dated as of the Closing Date, in form and substance reasonably satisfactory to the Administrative Agent.
Appears in 3 contracts
Samples: Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Southern Bottled Water Co Inc)
Solvency, etc. The Lenders and the Administrative Agent shall have received a solvency certificate duly executed and delivered by the chief financial or accounting Responsible Authorized Officer of the Borrower, dated as of the Amendment and Restatement Closing DateDate (and after giving effect to the Transactions), in form and substance reasonably satisfactory to the Lenders and the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Acutus Medical, Inc.), Credit Agreement (Acutus Medical, Inc.)
Solvency, etc. The Administrative Agent shall have received a solvency certificate duly executed and delivered by the chief financial or accounting Responsible Authorized Officer of the Borrower, dated as of the Closing Date, in form and substance reasonably satisfactory to the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (Adma Biologics, Inc.), Credit Agreement (Adma Biologics, Inc.)
Solvency, etc. The Administrative Agent shall have received a solvency certificate duly executed and delivered by the chief financial or accounting Responsible Authorized Officer of the Borrower, dated as of the Closing Restatement Date, in form and substance reasonably satisfactory to the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Xtant Medical Holdings, Inc.), Credit Agreement (Bacterin International Holdings, Inc.)
Solvency, etc. The Lenders and the Administrative Agent shall have received a solvency certificate duly executed and delivered by the chief financial or accounting Responsible Authorized Officer of Holdings and the Borrower, dated as of the Closing Date, in form and substance reasonably satisfactory to the Lenders and the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Harmony Biosciences Holdings, Inc.)
Solvency, etc. The Administrative Agent shall have received a solvency certificate duly executed and delivered by the chief financial or accounting Responsible Authorized Officer of the Borrowereach Obligor, dated as of the Closing Effective Date, substantially in the form of Exhibit J to the First Lien Credit Agreement or otherwise in form and substance reasonably satisfactory to the Administrative Agent.
Appears in 1 contract
Samples: First Lien Credit Agreement (Energy Xxi (Bermuda) LTD)
Solvency, etc. The Administrative Agent shall have received a solvency certificate duly executed and delivered by the chief financial or accounting Responsible Authorized Officer of the Borrowereach Obligor, dated as of the Closing Effective Date, substantially in the form of Exhibit N or otherwise in form and substance reasonably satisfactory to the Administrative Agent.
Appears in 1 contract
Samples: First Lien Credit Agreement (Milagro Oil & Gas, Inc.)
Solvency, etc. The Administrative Agent shall have received a solvency certificate duly executed and delivered by the chief financial or accounting Responsible Officer officer of the Borrower, dated as of the Closing Date, in form and substance reasonably satisfactory to the Administrative AgentAgent certifying that the Obligors and their Subsidiaries, when taken as a whole, are Solvent as of the Closing Date.
Appears in 1 contract
Samples: Credit Agreement (Vapotherm Inc)
Solvency, etc. The Administrative Agent shall have received a solvency certificate certificate, dated the Closing Date, duly executed and delivered by the chief financial or accounting Responsible Authorized Officer of the each Borrower, dated as of the Closing Date, in form and substance reasonably satisfactory to the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (United Surgical Partners International Inc)
Solvency, etc. The Administrative Agent shall have received a solvency certificate duly executed and delivered by the chief financial or accounting Responsible Authorized Officer of the BorrowerParent, dated as of the Closing Date, in form and substance reasonably satisfactory to the Administrative Agent, attesting to the solvency of the Parent and its Subsidiaries on a consolidated basis, immediately after giving effect to the Transactions, including the Credit Extensions provided on the Closing Date.
Appears in 1 contract
Solvency, etc. The Administrative Agent shall have received a solvency certificate duly executed and delivered by from an Authorized Officer that is the treasurer, controller or chief financial or accounting Responsible Officer officer of the Borrower, dated as of the Closing Date, Effective Date in form and substance reasonably satisfactory to the Administrative Agent.
Appears in 1 contract
Solvency, etc. The Administrative Agent shall have received a solvency certificate duly executed and delivered by the chief financial or accounting Responsible Officer of the Borrower, dated as of the Closing Date, in form and substance reasonably satisfactory to the Administrative Agent.
Appears in 1 contract
Solvency, etc. The Administrative Agent shall have received a solvency certificate duly executed and delivered by the chief financial or accounting Responsible Authorized Officer of the BorrowerBorrower and each of the Borrowing Base Subsidiaries, dated as of the Closing Date, substantially in the form of Exhibit I or otherwise in form and substance reasonably satisfactory to the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Dynamic Offshore Resources, Inc.)
Solvency, etc. The Administrative Agent shall have received a solvency certificate certificate, dated the Closing Date, duly executed and delivered by the chief financial or accounting Responsible Authorized Officer of the Borrower, dated as of the Closing Date, in form and substance reasonably satisfactory to the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (United Surgical Partners International Inc)
Solvency, etc. The Administrative Agent shall have received received, with counterparts for each Lender, a certificate as to solvency certificate duly executed and delivered by the chief financial or accounting Responsible Authorized Officer of the Borrower, dated as of the Closing Date, in form and substance reasonably satisfactory to the Administrative Agent.
Appears in 1 contract