Common use of Statement as to Default Clause in Contracts

Statement as to Default. Each Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after October 1, 2006, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof on behalf of such Issuer, such Issuer is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Subsidiary Guarantor shall comply with TIA § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).

Statement as to Default. Each Issuer The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company commencing with the Company’s fiscal year ending after October 1September 30, 20062011, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof (on behalf of such Issuer, such Issuer the Company) the Company is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer the Company (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer the Company shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Subsidiary Note Guarantor shall comply with TIA § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).

Statement as to Default. Each Issuer The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after October 1, 2006the Closing Date, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof on behalf of such Issuerthe Company, such Issuer the Company is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer the Company (through its own action or omission or through the action or omission of any Subsidiary Guarantor as applicable) shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Subsidiary Guarantor shall comply with TIA § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).

Statement as to Default. Each Issuer The Issuers shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company Issuers ending after October January 1, 20062010, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof on behalf neither of such Issuer, such Issuer the Issuers is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer either of the Issuers shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Subsidiary Guarantor Guarantor, if any, shall comply with TIA § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).

Statement as to Default. Each Issuer The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company commencing with the Company’s fiscal year ending after October February 1, 20062015, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof (on behalf of such Issuer, such Issuer the Company) the Company is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer the Company (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer the Company shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To Following the qualification of this Indenture under the TIA, (i) to the extent required by the TIA, each Subsidiary Guarantor shall comply with TIA § 314(a)(4). The ) and (ii) the individual signing any certificate given by any Person pursuant to this Section 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).

Statement as to Default. Each Issuer The Issuers shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company Issuers ending after October January 1, 20062007, an Officer’s 's Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof on behalf neither of such Issuer, such Issuer the Issuers is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer either of the Issuers shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Subsidiary Guarantor Guarantor, if any, shall comply with TIA § Section 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § Section 314(a)(4).

Statement as to Default. Each Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after October 1, 20062023, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof on behalf of such Issuer, such Issuer is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Subsidiary Guarantor shall comply with TIA § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 406 6.5 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).

Statement as to Default. Each Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after October 1, 20062012, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof on behalf of such Issuer, such Issuer is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Subsidiary Guarantor shall comply with TIA § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 406 6.5 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).

Statement as to Default. Each Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after October 1, 20062013, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof on behalf of such Issuer, such Issuer is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Subsidiary Guarantor shall comply with TIA § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 406 6.5 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).

Statement as to Default. Each Issuer The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company commencing with the Company’s fiscal year ending after October 131, 20062015, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof (on behalf of such Issuer, such Issuer the Company) the Company is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer the Company (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer the Company shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To Following the qualification of this Indenture under the TIA, (i) to the extent required by the TIA, each Subsidiary Guarantor shall comply with TIA § 314(a)(4). The ) and (ii) the individual signing any certificate given by any Person pursuant to this Section 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).

Statement as to Default. Each Issuer The Issuers shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company Issuers ending after October January 1, 20062011, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof on behalf neither of such Issuer, such Issuer the Issuers is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer either of the Issuers shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Subsidiary Guarantor Guarantor, if any, shall comply with TIA § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).

Statement as to Default. Each Issuer The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after October 1, 2006the Issue Date, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof on behalf of such Issuerthe Company, such Issuer the Company is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer the Company (through its own action or omission or through the action or omission of any Subsidiary Guarantor, as applicable) shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Subsidiary Guarantor shall comply with TIA § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).

Statement as to Default. Each Issuer shall deliver to ----------------------- the Trustee, within 120 days after the end of each fiscal year of the Company such Issuer ending after October 1, 2006the date hereof, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) 's Certificate, to the effect that to the best knowledge of the signer thereof on behalf of such Issuer, such Issuer is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Subsidiary Note Guarantor shall comply with TIA § (S) 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 406 shall be the principal executive, financial ----------- or accounting officer of such Person, in compliance with TIA § (S) 314(a)(4).

Statement as to Default. Each Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after October 1, 20062015, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof on behalf of such Issuer, such Issuer is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Subsidiary Guarantor shall comply with TIA § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 406 6.5 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).

Statement as to Default. Each Issuer The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company commencing with the Company’s fiscal year ending after October 1December 31, 20062014, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof (on behalf of such Issuer, such Issuer the Company) the Company is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer the Company (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer the Company shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To Following the qualification of this Indenture under the TIA, (i) to the extent required by the TIA, each Subsidiary Guarantor shall comply with TIA § 314(a)(4). The ) and (ii) the individual signing any certificate given by any Person pursuant to this Section 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).

Statement as to Default. Each Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after October 1, 20062011, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof on behalf of such Issuer, such Issuer is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Subsidiary Guarantor shall comply with TIA § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).

Statement as to Default. Each Issuer The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after October 1, 2006the Issue Date, an Officer’s Certificate (which may be a single Officer’s Certificate for both Issuers) to the effect that to the best knowledge of the signer thereof (on behalf of such Issuerthe Company), such Issuer the Company is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to such Issuer (without regard to any period of grace or requirement of notice provided hereunder) and, if such Issuer the Company (through its own action or omission or through the action or omission of any Subsidiary Guarantor, as applicable) shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Subsidiary Guarantor shall comply with TIA § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA § 314(a)(4).