Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 31 contracts
Samples: Junior Subordinated Indenture (Allegiant Capital Trust I), Junior Subordinated Indenture (Assuranceamerica Corp), Junior Subordinated Indenture (Allegiant Bancorp Inc)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal calendar year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 31 contracts
Samples: Junior Subordinated Indenture (PCC Capital I), Junior Subordinated Indenture (Sierra Pacific Resources Capital Trust Ii), Junior Subordinated Indenture (Compass Trust Iii)
Statement as to Compliance. The Company Corporation shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company Corporation ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company Corporation is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company Corporation shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 24 contracts
Samples: Junior Subordinated Indenture (Bank of New York Co Inc), Junior Subordinated Indenture (Fifth Third Bancorp), Junior Subordinated Indenture (Northern Trust Corp)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof of the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 18 contracts
Samples: Junior Subordinated Indenture (National Penn Bancshares Inc), Junior Subordinated Indenture (First Empire Capital Trust Ii), Junior Subordinated Indenture (GCB Capital Trust)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal calendar year of the Company ending after the date hereof, an Officers' ’ Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4Section, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Evans Capital Trust III), Indenture (Privatebancorp Capital Trust Iv), Junior Subordinated Indenture (Bridge Statutory Capital Trust I)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal calendar year of the Company ending after the date hereof, an Officers' ’ Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Silicon Valley Bancshares), Junior Subordinated Indenture (Lincoln National Corp), Junior Subordinated Indenture (Silicon Valley Bancshares)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, ,provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 3 contracts
Samples: Junior Subordinated Indenture (Equitable Resources Capital Trust I), Junior Subordinated Indenture (Equitable Resources Inc /Pa/), Junior Subordinated Indenture (Equitable Resources Capital Trust I)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period (other than an Extension Period) or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Pmi Capital I), Junior Subordinated Indenture (Pmi Group Inc)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar fiscal year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.41004, 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: Junior Subordinated Indenture (Everest Re Capital Trust Iii), Junior Subordinated Indenture (Everest Re Group LTD)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of any, or is in compliance with any of with, the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture. One of the signatories to such Officers' Certificate shall be the Company's principal executive officer, principal financial officer or principal accounting officer.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (United Community Capital Trust), Junior Subordinated Indenture (City Holding Capital Trust Ii)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal calendar year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.41004, 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: Junior Subordinated Indenture (Nevada Power Co), Junior Subordinated Indenture (Nevada Power Co)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal calendar year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar fiscal year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.41005, 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: Junior Subordinated Indenture (Hartford Financial Services Group Inc/De)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal calendar year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.41005, 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: Junior Subordinated Indenture (Hartford Capital Iv /De/)
Statement as to Compliance. The Company shall deliver to ------------- -------------------------- the Trustee, within 120 days after the end of each fiscal calendar year of the Company ending after the date hereof, an Officers' Officer's Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, 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: Junior Subordinated Indenture (Chittenden Capital Trust I)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' ’ Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, 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 shall will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year’ Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance 61 with any of the terms, provisions, all conditions and covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, compliance shall be determined Indenture (without regard to any period of grace period or requirement of notice provided pursuant hereunder). Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company as to his or her knowledge of the terms Company’s compliance with all conditions and covenants under this Indenture (without regard to any period of grace or requirement of notice provided hereunder). Such Officers’ Certificate need not comply with Section 102 of this Indenture.
Appears in 1 contract
Statement as to Compliance. The Company Corporation shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company Corporation ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company Corporation is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company 182 Corporation shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, 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 shall deliver to the Trustee, beginning ________________ within 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, 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: Junior Subordinated Indenture (MBNK Capital Trust I)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal calendar year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.41006, 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 shall deliver to the Trustee, within 120 days after the end of each fiscal calendar year of the Company ending after the date hereof, an Officers' Officer's Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, 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: Junior Subordinated Indenture (Banknorth Capital Trust Ii)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal calendar year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose purposes of this Section 10.41006, 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: Senior Indenture (Universal American Financial Corp)
Statement as to Compliance. The Company Corporation shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company Corporation ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company Corporation is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company Corporation shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period (other than an Extension Period) or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 1 contract
Samples: Junior Subordinated Indenture (First Coastal Capital Trust)