Common use of Statement by Officers as to Default; Compliance Certificates Clause in Contracts

Statement by Officers as to Default; Compliance Certificates. (a) The Company 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 (one of the signers of which is the principal executive, financial or accounting officer of the Company), stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions 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. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default or Event of Default which is continuing, an Officers' Certificate setting forth the details of such Default or Event of Default, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 120 days after the end of each fiscal year a written statement by the Company's independent public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to accounting matters, and (B) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company 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 (one of the signers of which is the principal executive, financial or accounting officer of the Company)Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture andSection 801 or Sections 1004 to 1009, inclusive, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default or an Event of Default which is continuingor an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or Event of Defaultdefault, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 120 90 days after the end of each fiscal year a written statement by the Company's independent auditors or public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention and, if such a Default default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company will deliver to the Trustee, within 120 90 days after the end of each fiscal year quarter of the Company ending after the date hereof an Officers' Certificate (one of the signers of which is the principal executive, financial or accounting officer of the Company)Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture andSection 801 or Sections 1004 to 1018, inclusive, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default or an Event of Default which is continuingor an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or Event of Defaultdefault, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 120 90 days after the end of each fiscal year a written statement by the Company's independent public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities Notes as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention and, if such a Default default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company will deliver to the Trustee, within 120 90 days after the end of each fiscal year quarter of the Company ending after the date hereof an Officers' Certificate (one of the signers of which is the principal executive, financial or accounting officer of the Company)Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture andSection 801 or Sections 1004 to 1018, inclusive, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default or an Event of Default which is continuingor an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or Event of Defaultdefault, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 120 90 days after the end of each fiscal year a written statement by the Company's independent public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to was conducted in accordance with generally accepted accounting mattersstandards, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention insofar as it relates to accounting matters and, if such a Default default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company 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 (one of the signers of which is the principal executive, financial or accounting officer of the Company)Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture andSection 801 or Sections 1004 to 1017, inclusive, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default or an Event of Default which is continuingor an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or Event of Defaultdefault, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 120 days after the end of each fiscal year a written statement by the Company's independent public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention and, if such a Default default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company will deliver to the Trustee, within 120 90 days after the end of each fiscal year quarter of the Company ending after the date hereof an Officers' Certificate (one of the signers of which is the principal executive, financial or accounting officer of the Company)Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture andSection 801 or Sections 1004 to 1018, inclusive, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default or an Event of Default which is continuingor an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or Event of Defaultdefault, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 120 90 days after the end of each fiscal year a written statement by the Company's independent public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to was conducted in -104- accordance with generally accepted accounting mattersstandards, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention insofar as it relates to accounting matters and, if such a Default default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company will shall deliver to the Trustee, within 120 90 days after the end of each fiscal year of the Company ending after the date hereof an Officers' Certificate (one of the signers of which is the principal executive, financial or accounting officer of the Company)Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture andSection 801 or Sections 1004 to 1025, inclusive, and if the Company shall be in default, specifying all such defaults Defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default or an Event of Default which is continuingDefault, an Officers' Certificate setting forth the details of such Default or Event of Default, and the action which the Company proposes to take with respect thereto. (c) The So long as not contrary to the then current recommendations of the American Institute of Certified Public Accountants, the Company shall deliver to the Trustee within 120 90 days after the end of each fiscal year a written statement by the Company's independent public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities Notes as they relate to accounting matters, and (B) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Each of the Company and the Guarantor 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 (one of the signers of which is the principal executive, financial or accounting officer of the Company)Certificate, stating whether or not to the best knowledge of the signers thereof the Company or the Guarantor, as the case may be, is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture andSection 801 or Sections 1004 to 1017, inclusive, and if the Company or the Guarantor, as the case may be, shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b) The Company or the Guarantor, as the case may be, shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company or the Guarantor, as the case may be, becomes aware or should reasonably become aware of the occurrence of a Default or an Event of Default which is continuingor an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or Event of Defaultdefault, and the action which the Company or the Guarantor, as the case may be, proposes to take with respect thereto. (c) The Each of the Company and the Guarantor shall deliver to the Trustee within 120 days after the end of each fiscal year a written statement by the Company's or the Guarantor's, as the case may be, independent public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities or the Guarantees, as the case may be, as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention and, if such a Default default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company will shall deliver to the Trustee, within 120 90 days after the end of each fiscal year of the Company ending after the date hereof an Officers' Certificate (one of the signers of which is the principal executive, financial or accounting officer of the Company)Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture andSection 801 or Sections 1004 to 1021, inclusive, and if the Company shall be in default, specifying all such defaults Defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default or an Event of Default which is continuingDefault, an Officers' Certificate setting forth the details of such Default or Event of Default, and the action which the Company proposes to take with respect thereto. (c) The So long as not contrary to the then current provisions of the American Institute of Certified Public Accountants, the Company shall deliver to the Trustee within 120 90 days after the end of each fiscal year a written statement by the Company's independent public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities Debentures as they relate to accounting matters, and (B) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.. 105

Statement by Officers as to Default; Compliance Certificates. (a) The Company will shall deliver to the Trustee, within 120 90 days after the end of each fiscal year of the Company ending after the date hereof an Officers' Certificate (one of the signers of which is the principal executive, financial or accounting officer of the Company)’ Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture andSection 801 or Sections 1004 to 1025, inclusive, and if the Company shall be in default, specifying all such defaults Defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default or an Event of Default which is continuingDefault, an Officers' ’ Certificate setting forth the details of such Default or Event of Default, and the action which the Company proposes to take with respect thereto. (c) The So long as not contrary to the then current recommendations of the American Institute of Certified Public Accountants, the Company shall deliver to the Trustee within 120 90 days after the end of each fiscal year a written statement by the Company's ’s independent public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to accounting matters, and (B) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company will deliver to the Trustee, within 120 90 days after the end of each fiscal year quarter of the Company ending after the date hereof an Officers' Certificate (Certificate, one of the signers of which is shall be the principal executiveexecutive officer, principal financial officer or principal accounting officer of the Company), stating whether or not to the best knowledge of the signers thereof the Company or any Guarantor is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture andSection 8.01 or Sections 10.04 to 10.18, inclusive, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. Such determination shall be made without regard to notice requirements or periods of grace. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default or an Event of Default which is continuingor an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or Event of Defaultdefault, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 120 90 days after the end of each fiscal year a written statement by the Company's independent public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities Notes as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention and, if such a Default default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company will deliver to the Trustee, within 120 90 days after the end of each fiscal year year, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Company ending after the date hereof an Officers' Certificate (one of the signers of which is the principal executive, financial or accounting officer of the Company)Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture andSection 801 or Sections 1004 to 1017, inclusive, and if the Company shall be in default, specifying all such defaults Defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default or an Event of Default which is continuingDefault, an Officers' Certificate setting forth the details of such Default or Event of Default, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 120 90 days after the end of each fiscal year a written statement by the Company's independent public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities Debentures as they relate to accounting matters, and (B) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company 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 (one of the signers of which is the principal executive, financial or accounting officer of the Company), stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture 95 and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default or Event of Default which is continuing, an Officers' Certificate setting forth the details of such Default or Event of Default, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 120 days after the end of each fiscal year a written statement by the Company's independent public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to accounting matters, and (B) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company and the Subsidiary Guarantors will deliver to the Trustee, within 120 90 days after the end of their respective fiscal years, and within 60 days after the end of each fiscal year of quarter (other than the Company fourth fiscal quarter), ending after the date hereof an Officers' Certificate (one of the signers of which is the principal executive, financial or accounting officer of the Company)Certificate, stating whether or not to the best knowledge of the signers thereof the Company or such Subsidiary Guarantor, as the case may be, has fulfilled all its obligations hereunder is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture andSection 801 or Sections 1004 to 1018, inclusive, and if the Company or any Subsidiary Guarantor, as the case may be, shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b) The Company and each Subsidiary Guarantor shall deliver to the Trustee, as soon as possible and in any event within 10 five days after the Company or such Subsidiary Guarantor becomes aware or should reasonably become aware of the occurrence of a Default or an Event of Default which is continuingor an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or Event of Defaultdefault, and the action which the Company or such Subsidiary Guarantor proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 120 90 days after the end of each fiscal year a written statement by the Company's independent public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention and, if such a Default default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company will deliver to the Trustee, within 120 90 days after the end of each fiscal year year, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Company ending after the date hereof an Officers' Certificate (one of the signers of which is the principal executive, financial or accounting officer of the Company)Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in -98- 108 default in the performance and observance of any of the terms, provisions and conditions of this Indenture andSection 801 or Sections 1004 to 1017, inclusive, and if the Company shall be in default, specifying all such defaults Defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of a Default or an Event of Default which is continuingDefault, an Officers' Certificate setting forth the details of such Default or Event of Default, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 120 90 days after the end of each fiscal year a written statement by the Company's independent public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities Debentures as they relate to accounting matters, and (B) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.