Statement as to Compliance. The Company will deliver to the Trustee, within 120 days after the end of each fiscal year, a written statement signed by the principal executive officer, principal financial officer or principal accounting officer of the Company stating that: (1) a review of the activities of the Company during such year and of performance under this Indenture and under the terms of the Securities has been made under his supervision; and (2) to the best of his knowledge, based on such review, the Company has fulfilled all its obligations under this Indenture and has complied with all conditions and covenants on its part contained in this Indenture through such year, or, if there has been a default in the fulfillment of any such obligation, covenant or condition, specifying each such default known to him and the nature and status thereof. For the purpose of this Section 10.04, default and compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 46 contracts
Samples: Indenture (Invesco Mortgage Capital Inc.), Indenture (Xenetic Biosciences, Inc.), Indenture (Xenetic Biosciences, Inc.)
Statement as to Compliance. The Company will deliver to the Trustee, within 120 days after the end of each fiscal year, a written statement signed by the principal executive officer, principal financial officer or principal accounting officer of the Company stating that:
(1a) a review of the activities of the Company during such year and of performance under this Indenture and under the terms of the Securities has been made under his supervision; and
(2b) to the best of his knowledge, based on such review, the Company has fulfilled all its obligations under this Indenture and has complied with all conditions and covenants on its part contained in this Indenture through such year, or, if there has been a default in the fulfillment of any such obligation, covenant or condition, specifying each such default known to him and the nature and status thereof. For the purpose of this Section 10.04, default and compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 5 contracts
Samples: Indenture (HIVE Blockchain Technologies Ltd.), Indenture (HIVE Blockchain Technologies Ltd.), Indenture (Digihost Technology Inc.)
Statement as to Compliance. The Company will deliver to the Trustee, within 120 days after the end of each fiscal year, a written statement signed by the principal executive officer, principal financial officer or principal accounting officer of the Company stating that:
(1) a review of the activities of the Company during such year and of performance under this Indenture and under the terms of the Securities has been made under his supervision; and
(2) to the best of his knowledge, based on such review, the Company has fulfilled all its obligations under this Indenture and has complied with all conditions and covenants on its part contained in this Indenture through such year, or, if there has been a default in the fulfillment of any such obligation, covenant or condition, specifying each such default known to him and the nature and status thereof. For the purpose of this Section 10.041004, default and compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 2 contracts
Samples: Indenture (Baker Hughes Inc), Indenture (Baker Hughes Inc)
Statement as to Compliance. The Company will deliver to the Trustee, within 120 days after of the end of each fiscal year, a written statement signed by the principal executive officer, principal financial officer or principal accounting officer of the Company stating that:
(1) a review in the course of the activities performance of his duties as an officer of the Company during such year and he would normally have knowledge of the Company's performance under this Indenture and under the terms of the Securities has been made under his supervisionSecurities; and
(2) to the best of his knowledge, based on such review, the Company has fulfilled all its obligations under this Indenture and has complied with all conditions and covenants on its part contained in this Indenture through such year, or, if there has been a default in the fulfillment of any such obligation, covenant or condition, specifying each such default known to him and the nature and status thereof. For the purpose of this Section 10.041004, default and compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 2 contracts
Samples: Indenture (Neiman Marcus Group Inc), Indenture (Neiman Marcus Group Inc)
Statement as to Compliance. The Company will deliver to the Trustee, within 120 days after the end of each fiscal year, a written statement signed by the principal executive officer, principal financial officer or principal accounting officer of the Company stating that:
(1) a review of the activities of the Company during such year and of performance under this Indenture and under the terms of the Securities has been made under his supervision; and
(2) to the best of his knowledge, based on such review, the Company has fulfilled all its obligations under this Indenture and has complied with all conditions and covenants on its part contained in this Indenture through such year, or, if there has been a default in the fulfillment of any such obligation, covenant or condition, specifying each such default known to him and the nature and status thereof. 40 For the purpose of this Section 10.04, default and compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 1 contract
Samples: Indenture (Dana Holding Corp)
Statement as to Compliance. The Company will deliver to the Trustee, within 120 days after the end of each fiscal year, a written statement signed by the principal executive officer, principal financial officer or principal accounting officer of the Company stating that:
(1) a review of the activities of the Company during such year and of its performance under this Indenture and under the terms of the Securities has been made under his supervision; and
(2) to the best of his knowledge, based on such review, the Company has fulfilled all its obligations under this Indenture and has complied with all conditions and covenants on its part contained in this Indenture through such year, or, if there has been a default in the fulfillment of any such obligation, covenant or condition, specifying each such default known to him and the nature and status thereof. For the purpose of this Section 10.041004, default and compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 1 contract
Statement as to Compliance. The Company will deliver to the Trustee, within 120 90 days after 116 the end of each fiscal year, a written statement signed by the principal executive officeran Officers' Certificate, principal financial officer or principal accounting officer of the Company stating that:
(1) a review of the activities of the Company and its Restricted Subsidiaries during such year and of performance under this Indenture and under the terms of the Securities has been made under his supervision; and
(2) to the best of his knowledge, based on such review, the Company has fulfilled all its obligations under this Indenture and has complied with all conditions and covenants on its part contained in this Indenture through such year, or, if there has been a default in the fulfillment of any such obligation, covenant or condition, specifying each such default known to him and the nature and status thereof. For the purpose of this Section 10.0410.22, default and compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 1 contract
Samples: Indenture (Time Warner Telecom Inc)
Statement as to Compliance. The Company will deliver to the Trustee, within 120 days after the end of each fiscal year, a written statement signed by the principal executive officer, principal financial officer or principal accounting officer of the Company stating that:
(1) a review of the activities of the Company during such year and of performance under this Indenture and under the terms of the Securities has been made under his supervision; and
(2) to the best of his knowledge, based on such review, the Company has fulfilled all its obligations under this Indenture and has complied with all conditions and covenants on its part contained in this Indenture through such year, or, if there has been a default in the fulfillment of any such obligation, covenant or condition, specifying each such default known to him and the nature and status thereof. For the purpose of this Section 10.041004, default and compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.. 106 97
Appears in 1 contract
Samples: Indenture (Tca Cable Tv Inc)