Common use of Statement as to Default Clause in Contracts

Statement as to Default. The Issuers shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuers ending after January 1, 2010, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof neither of the Issuers is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, if 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, 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. The Issuers Each Issuer shall deliver to ----------------------- the Trustee, within 120 days after the end of each fiscal year of the Issuers such Issuer ending after January 1, 2010the date hereof, an Officer’s Certificate 's Certificate, to the effect that to the best knowledge of the signer thereof neither of the Issuers such Issuer is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, if either of the Issuers 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, if any, 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. The Issuers Each Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuers Company ending after January October 1, 20102015, 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 neither on behalf of the Issuers 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 either of the Issuers 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, if any, 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. The Issuers shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuers ending after January 1, 20102007, an Officer’s 's Certificate to the effect that to the best knowledge of the signer thereof neither of the Issuers is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, if 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, 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. The Issuers shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuers ending after January 1, 20102011, an Officer’s Certificate to the effect that to the best knowledge of the signer thereof neither of the Issuers is or is not in default in the performance and observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, if 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, 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).