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

Statement by Officers as to Default; Compliance Certificates. (1) The Issuer will deliver to the Trustee, within 90 days after the end of its fiscal year, which initially shall be December 31, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Issuer ending after the date hereof an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the Issuer is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 to 1018, inclusive, and if an Issuer shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (2) The Issuer shall deliver to the Trustee, as soon as possible and in any event within 10 days after an Issuer becomes aware of the occurrence of an Event of Default or 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 default, and the action which the Issuer proposes to take with respect thereto. (3) The Issuer shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the Issuer'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 under Section 1008 and Section 1011 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. (1) The Issuer will deliver to the Trustee, within 90 days after the end of its each fiscal year, which initially shall be December 31, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Issuer ending after the date hereof an Officers' Officers= Certificate, stating whether or not to the best knowledge of the signers thereof the Issuer is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 to 1018, inclusive, and if an Issuer shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (2) The Issuer shall deliver to the Trustee, as soon as possible and in any event within 10 days after an Issuer becomes aware of the occurrence of an Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Officers= Certificate setting forth the details of such Event of Default or default, and the action which the Issuer proposes to take with respect thereto. (3) The Issuer shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the Issuer'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 under Section 1008 and Section 1011 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. (1) The Issuer and each Subsidiary Guarantor will deliver to the Trustee, within 90 days after the end of its fiscal year, which initially shall be December 31September 30, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Issuer ending after the date hereof an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the Issuer or any Subsidiary Guarantor is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 this Indenture or Sections 1004 to 1018, inclusivethe Security Documents, and if an the Issuer or any Subsidiary Guarantor shall be in default, specifying all such defaults Defaults and Events of Default and the nature and status thereof of which they may have knowledge. (2) The Issuer shall deliver to the Trustee, as soon as possible and in any event within 10 days after an the Issuer becomes aware of the occurrence of an Event of a Default or 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 defaultDefault, and the action which the Issuer proposes to take with respect thereto. (3) The Issuer shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the Issuer'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 under Section 1008 and Section 1011 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. (1a) The Issuer Company will deliver to the Trustee, within 90 days after the end of its each fiscal year, which initially shall be December 31, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Issuer Company ending after the date hereof an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the Issuer Company is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 to 10181015, inclusive, and if an Issuer the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (2b) The Issuer Company shall deliver to the Trustee, as soon as possible and in any event within 10 5 days after an Issuer the Company becomes aware of the occurrence of an Event of Default or 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 default, the period of existence thereof and the action which the Issuer Company proposes to take with respect thereto. (3c) The Issuer Company shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the IssuerCompany'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 under Section 1008 and Section 1011 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. (1a) The Issuer Company will deliver to the Trustee, within 90 days after the end of its each fiscal year, which initially shall be December 31, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Issuer Company ending after the date hereof an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the Issuer Company is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 to 10181017, inclusive, and if an Issuer the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (2b) The Issuer Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after an Issuer the Company becomes aware or should reasonably become aware of the occurrence of an Event of Default or an event which, with notice by the Trustee or Holders 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 default, and the action which the Issuer Company proposes to take with respect thereto. (3c) The Issuer Company shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the IssuerCompany'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 under Section 1008 and Section 1011 has come to their attention and, if such a default 110 has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (1a) The Issuer Company and the Subsidiary Guarantors will deliver to the Trustee, within 90 days after the end of its their respective fiscal yearyears, which initially shall be December 31, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Issuer ending after the date hereof an Officers' CertificateCertificate (one of the signers of which shall be the principal executive officer, principal financial officer or principal accounting officer), stating whether or not to the best knowledge of the signers thereof the Issuer 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 Section 801 or 802 or Sections 1004 to 10181019, inclusive, and if an Issuer 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. For purposes of this Section 1020, such compliance or default shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. (2b) The Issuer Company and each Subsidiary Guarantor shall deliver to the Trustee, as soon as possible promptly and in any event within 10 days after an Issuer the Company or such Subsidiary Guarantor becomes aware or should reasonably become aware of the occurrence of an Event of Default or 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 default, and the action which the Issuer Company or such Subsidiary Guarantor proposes to take with respect thereto. (3) The Issuer shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the Issuer'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 under Section 1008 and Section 1011 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. (1a) The Issuer Company will deliver to the Trustee, within 90 120 days after the end of its each fiscal year, which initially shall be December 31, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Issuer Company ending after the date hereof an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the Issuer Company is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 to 10181009, inclusive, and if an Issuer the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (2b) The Issuer Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after an Issuer the Company becomes awareor should reasonably become aware of the occurrence of an Event of Default or 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 default, and the action which the Issuer Company proposes to take with respect thereto. (3c) The Issuer Company shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the IssuerCompany'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 under Section 1008 and Section 1011 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. (1a) The Each Issuer will shall deliver to the Trustee, within 90 days after the end of its each fiscal year, which initially shall be December 31, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the such Issuer ending after the date hereof an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the such Issuer is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 to 10181016, inclusive, and if an such Issuer shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (2b) The Each Issuer shall deliver to the Trustee, as soon as possible and in any event within 10 days after an such Issuer becomes aware or should reasonably become aware of the occurrence of an Event of Default or 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 default, the period of existence thereof and the action which the such Issuer proposes to take with respect thereto. (3c) The Each Issuer shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the such Issuer'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 under Section 1008 and Section 1011 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. (1a) The Issuer Company will deliver to the TrusteeAdministrative Agent, within 90 120 days after the end of its each fiscal year, which initially shall be December 31, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Issuer Company ending after the date hereof an Officers' Certificatea Compliance Certificate (substantially in the form attached hereto as Exhibit C), stating whether or not to the best knowledge of the signers thereof the Issuer Company is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 5.1 to 10185.23 of this Agreement, inclusive, and if an Issuer the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (2b) The Issuer Company shall deliver to the TrusteeAdministrative Agent, as soon as possible and in any event within 10 days after an Issuer the Company becomes aware or should reasonably become aware of the occurrence of an Event of Default or 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 default, and the action which the Issuer Company proposes to take with respect thereto. (3c) The Issuer Company shall deliver to the Trustee Administrative Agent within 90 120 days after the end of each fiscal year a written statement by the IssuerCompany's independent public accountants stating (A) that their audit examination has included a review of the terms of the Indenture, Notes and this Indenture and the Securities Agreement 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 under Section 1008 and Section 1011 has come to their attention and, if such a default has come to their attention, specifying the nature and period of the existence thereof.