Common use of Statement as to Compliance Clause in Contracts

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate, one of the signatories of which shall be the principal executive, principal financial or principal accounting officer of the Company, 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.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate, Certificate (signed by at least one of the signatories of which shall be the principal executive, principal financial or principal accounting officer officers referred to in Section 314(a)(4) of the Company, Trust Indenture Act) 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 10.410.5, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' Certificate, one of the signatories of which shall be Certificate executed by the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, Company 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.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each such calendar year of the Company ending after the date hereof, an Officers' Certificate, Certificate executed by authorized officers at least one of the signatories of which whom shall be the principal executive, principal financial or principal accounting officer of the Company, Company 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 10.410.04, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each such calendar year of the Company ending commencing after the date hereof, an Officers' Certificate, Certificate executed by authorized officers at least one of the signatories of which whom shall be the principal executive, principal financial or principal accounting officer of the Company, Company 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 material terms, provisions, provisions covenants and conditions of this Indenture, and if the Company shall be in such default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.410.04, 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.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' Certificate, one of the signatories of which shall be the principal executive, principal financial or principal accounting officer of the Company, 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 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' Certificate, signed by at least one of the signatories of which shall be the principal executiveexecutive officer, principal financial or officer and principal accounting officer of the Company, 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 10.410.05, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, hereof an Officers' Certificate, Certificate (signed by at least one of the signatories of which shall be the principal executive, principal financial or principal accounting officer officers referred to in Section 314(a)(4) of the Company, Trust Indenture Act) 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 10.410.5, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate, one of the signatories of which shall be Officer’s Certificate signed by the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, Company covering the preceding calendar year, stating whether or not to the best knowledge of the signers signer 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.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate, one of the signatories of which shall be the principal executive, principal financial or principal accounting officer of the Company, Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company Company, are of the signers of which shall be the principal executive, principal accounting or principal financial officer 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.

Statement as to Compliance. The Company shall deliver to the -------------------------- Trustee, within 120 days after the end of each calendar year of the Company ending commencing after the date hereof, an Officers' Certificate, Certificate executed by authorized officers at least one of the signatories of which whom shall be the principal executive, principal financial or principal accounting officer of the Company, Company 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 material terms, provisions, provisions covenants and conditions of this Indenture, and if the Company shall be in such default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.410.04, 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.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' ’ Certificate, signed by at least one of the signatories of which shall be the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, 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 10.410.05, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.

Statement as to Compliance. The Company Corporation shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company Corporation ending after the date hereof, an Officers' Certificate, one of the signatories of which shall be Certificate executed by the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, Corporation 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.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each such calendar year of the Company ending commencing after the date hereof, an Officers' Certificate, Certificate executed by authorized officers at least one of the signatories of which whom shall be the principal executive, principal financial or principal accounting officer of the Company, Company 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 10.410.04, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' Certificate, signed by at least one of the signatories of which shall be the principal executiveexecutive officer, principal financial or officer and principal accounting officer of the Company, covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is 94 87 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 10.410.06, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate, one of the signatories of which shall be the principal executive, principal financial or principal accounting officer of the Company, 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.. 69 62

Statement as to Compliance. The Company shall deliver --------------------------- to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate, one of the signatories of which shall be the principal executive, principal financial or principal accounting officer of the Company, 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 10.410.04, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate, Certificate executed by authorized officers at least one of the signatories of which whom shall be the principal executive, principal financial or principal accounting officer of the Company, Company 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. SECTION 10.5.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officersofficers' Certificate, one of the signatories of which shall be certificate executed by the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company, Company 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.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate, one of the signatories of which shall be the principal executive, principal financial or principal accounting officer of the Company, 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 67 determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.

Statement as to Compliance. The Company shall deliver to -------------------------- the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, hereof an Officers' Certificate, Certificate (signed by at least one of the signatories of which shall be the principal executive, principal financial or principal accounting officer officers referred to in Section 314(a)(4) of the Company, Trust Indenture Act) 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 10.410.5, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' Certificate, signed by at least one of the signatories of which shall be the principal executiveexecutive officer, principal financial or officer and principal accounting officer of the Company, 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 10.410.06, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate, Certificate (signed by at least one of the signatories of which shall be the principal executive, principal financial or principal accounting officer officers referred to in Section 314(a)(4) of the Company, Trust Indenture Act) 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 Subordinated 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 10.410.5, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Subordinated Indenture.

Statement as to Compliance. The Company shall deliver --------------------------- to the Trustee, within 120 days after the end of each such calendar year of the Company ending commencing after the date hereof, an Officers' Certificate, Certificate executed by authorized officers at least one of the signatories of which whom shall be the principal executive, principal financial or principal accounting officer of the Company, Company 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 material terms, provisions, covenants and conditions of this Indenture, and if the Company shall be in such default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.410.04, 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.

Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each such calendar year of the Company ending commencing after the date hereof, an Officers' Certificate, Certificate executed by authorized officers at least one of the signatories of which whom shall be the principal executive, principal financial or principal accounting officer of the Company, Company 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 such default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.410.04, 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.

Statement as to Compliance. The Company and the Guarantor shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, ; an Officers' Certificate, one Certificate complying with Section 314(a)(4) of the signatories of which shall be the principal executive, principal financial or principal accounting officer of the Company, Trust Indenture Act and covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company or the Guarantor 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 or the Guarantor 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.