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 shall deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ Certificate stating that a review of the activities of the Company, the Restricted Subsidiaries and their respective Subsidiaries, as applicable, during the preceding fiscal year has been made under the supervision of the signing officers with a view to determining whether the Company and its Restricted Subsidiaries have kept, observed, performed and fulfilled their obligations under this Indenture, and further stating, as to each such officer signing such certificate, that to the best of his or her knowledge the Company and its Restricted Subsidiaries have kept, observed, performed and fulfilled each and every covenant contained in this Indenture and are not in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (or, if a Default or Event of Default shall have occurred, describing all such Defaults or Events of Default of which he or she may have knowledge and what action the Company and its Restricted Subsidiaries are taking or propose to take with respect thereto). (b) So long as such practice is not contrary to the then current recommendations of the American Institute of Certified Public Accountants, the year-end financial statements delivered pursuant to Section 7.04(b)(i) above shall be accompanied by a written statement of the Company’s independent public accountants (who shall be a firm of established national reputation) that in making the examination necessary for certification of such financial statements, nothing has come to their attention that would lead them to believe that the Company or any Restricted Subsidiary has violated any provisions of Article VIII or Article X hereof or, if any such violation has occurred, specifying the nature and period of existence thereof, it being understood that such accountants shall not be liable directly or indirectly to any Person for any failure to obtain knowledge of any such violation. (c) The Company shall, so long as any of the Securities are outstanding, upon any officer of the Company becoming aware of any Default or Event of Default, deliver to the Trustee, no later than 10 days after such officer becomes aware of such Default or Event of Default, an Officers’ Certificate specifying such Default or Event of Default and what action the Company is taking or proposes to take with respect thereto.

Statement by Officers as to Default; Compliance Certificates. (a) The Company shall deliver to the Trustee, within 90 120 days after the end of each fiscal year, an Officers’ ' Certificate stating that a review of the activities of the Company, the its Restricted Subsidiaries and their respective Subsidiaries, as applicable, the Eligible Joint Ventures (signed by a signatory prescribed under the Trust Indenture Act) during the preceding fiscal year has been made under the supervision of the signing officers with a view to determining deter mining whether the Company and its Restricted Subsidiaries have has kept, observed, performed and fulfilled their ful filled its obligations under this Indenture, Indenture and whether the Restricted Subsidiaries and the Eligible Joint Ventures are in compliance with all covenants of this Indenture applicable to them and further stating, as to each such officer signing such certificate, that to the best of his or her knowledge the Company and its Restricted Subsidiaries have each has kept, observed, performed and fulfilled each and every covenant contained in this Indenture and are is not in default in the performance or observance of any of the terms, provisions provisions, and conditions of this Indenture hereof (or, if a Default or Event of Default shall have occurred, describing all such Defaults or Events of Default of which he or she may have knowledge and what action the Company and its Restricted Subsidiaries are each is taking or propose proposes to take with respect thereto). (b) So long as such practice is not contrary to the then current recommendations of the American Institute of Certified Public Accountants, the year-end financial statements delivered pursuant to Section 7.04(b)(i) above shall be accompanied by a written statement of the Company’s independent public accountants (who shall be a firm of established national reputation) that in making the examination necessary for certification of such financial statements, nothing has come to their attention that would lead them to believe that the Company or any Restricted Subsidiary has violated any provisions of Article VIII or Article X hereof or, if any such violation has occurred, specifying the nature and period of existence thereof, it being understood that such accountants shall not be liable directly or indirectly to any Person for any failure to obtain knowledge of any such violation. (c) The Company shall, so long as any of the Securities are outstanding, deliver to the Trustee, forthwith upon any officer of the Company becoming aware of (i) any Default or Event of Default, deliver to the Trustee, no later than 10 days after such officer becomes aware of such Default or Event (ii) any event of Defaultdefault under any other mortgage, indenture or instrument referred to in Section 501(6), an Officers’ ' Certificate specifying such Default or Default, Event of Default or other event of default and what action the Company is taking or proposes to take with respect thereto.

Statement by Officers as to Default; Compliance Certificates. (a) The Company shall deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ ' Certificate stating that a review of the activities of the Company, the Restricted Subsidiaries and their respective Subsidiaries, as applicable, during the preceding fiscal year has been made under the supervision of the signing officers with a view to determining whether the Company and its Restricted Subsidiaries have kept, observed, performed and fulfilled their obligations under this Indenture, and further stating, as to each such officer signing such certificate, that to the best of his or her knowledge the Company and its Restricted Subsidiaries have kept, observed, performed and fulfilled each and every covenant contained in this Indenture and are not in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (or, if a Default or Event of Default shall have occurred, describing all such Defaults or Events of Default of which he or she may have knowledge and what action the Company and its Restricted Subsidiaries are taking or propose to take with respect thereto). (b) So long as such practice is not contrary to the then current recommendations of the American Institute of Certified Public Accountants, the year-end financial statements delivered pursuant to Section 7.04(b)(i7.04(b)(i)(A) above shall be accompanied by a written statement of the Company’s 's independent public accountants (who shall be a firm of established national reputation) that in making the examination necessary for certification of such financial statements, nothing has come to their attention that would lead them to believe that the Company or any Restricted Subsidiary 116 has violated any provisions of Article VIII or Article X hereof or, if any such violation has occurred, specifying the nature and period of existence thereof, it being understood that such accountants shall not be liable directly or indirectly to any Person for any failure to obtain knowledge of any such violation. (c) The Company shall, so long as any of the Securities are outstanding, upon any officer of the Company becoming aware of any Default or Event of Default, deliver to the Trustee, no later than 10 days after such officer becomes aware of such Default or Event of Default, an Officers’ ' Certificate specifying such Default or Event of Default and what action the Company is taking or proposes to take with respect thereto.

Statement by Officers as to Default; Compliance Certificates. (a) The Company shall deliver to the Trustee, within 90 days after the end of each fiscal year, an Officers’ ' Certificate stating that a review of the activities of the Company, the Restricted Subsidiaries and their respective Subsidiaries, as applicable, during the preceding fiscal year has been made under the supervision of the signing officers with a view to determining whether the Company and its Restricted Subsidiaries have kept, observed, performed and fulfilled their obligations under this Indenture, and further stating, as to each such officer signing such certificate, that to the best of his or her knowledge the Company and its Restricted Subsidiaries have kept, observed, performed and fulfilled each and every covenant contained in this Indenture and are not in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (or, if a Default or Event of Default shall have occurred, describing all such Defaults or Events of Default of which he or she may have knowledge and what action the Company and its Restricted Subsidiaries are taking or propose to take with respect thereto). (b) So long as such practice is not contrary to the then current recommendations of the American Institute of Certified Public Accountants, the year-end financial statements delivered pursuant to Section 7.04(b)(i7.04(b)(i)(A) above shall be accompanied by a written statement of the Company’s 's independent public accountants (who shall be a firm of established national reputation) that in making the examination necessary for certification of such financial statements, nothing has come to their attention that would lead them to believe that the Company or any Restricted Subsidiary has violated any provisions of Article VIII or Article X hereof or, if any such violation has occurred, specifying the nature and period of existence thereof, it being understood that such accountants shall not be liable directly or indirectly to any Person for any failure to obtain knowledge of any such violation. (c) The Company shall, so long as any of the Securities are outstanding, upon any officer of the Company becoming aware of any Default or Event of Default, deliver to the Trustee, no later than 10 days after such officer becomes aware of such Default or Event of Default, an Officers’ ' Certificate specifying such Default or Event of Default and what action the Company is taking or proposes to take with respect thereto.

Statement by Officers as to Default; Compliance Certificates. (a) The Company shall deliver to the Trustee, within 90 120 days after the end of each fiscal year, an Officers’ ' Certificate stating that a review of the activities of the Company, the its Restricted Subsidiaries and their respective Subsidiaries, as applicable, the Eligible Joint Ventures (signed by a signatory prescribed under the Trust Indenture Act) during the preceding fiscal year has been made under the supervision of the signing officers with a view to determining whether the Company and its Restricted Subsidiaries have has kept, observed, performed and fulfilled their its obligations under this Indenture, Indenture and whether the Restricted Subsidiaries and the Eligible Joint Ventures are in compliance with all covenants of this Indenture applicable to them and further stating, as to each such officer signing such certificate, that to the best of his or her knowledge the Company and its Restricted Subsidiaries have each has kept, observed, performed and fulfilled each and every covenant contained in this Indenture and are is not in default in the performance or observance of any of the terms, provisions provisions, and conditions of this Indenture hereof (or, if a Default or Event of Default shall have occurred, describing all such Defaults or Events of Default of which he or she may have knowledge and what action the Company and its Restricted Subsidiaries are each is taking or propose proposes to take with respect thereto). (b) So long as such practice is not contrary to the then current recommendations of the American Institute of Certified Public Accountants, the year-end financial statements delivered pursuant to Section 7.04(b)(i) above shall be accompanied by a written statement of the Company’s independent public accountants (who shall be a firm of established national reputation) that in making the examination necessary for certification of such financial statements, nothing has come to their attention that would lead them to believe that the Company or any Restricted Subsidiary has violated any provisions of Article VIII or Article X hereof or, if any such violation has occurred, specifying the nature and period of existence thereof, it being understood that such accountants shall not be liable directly or indirectly to any Person for any failure to obtain knowledge of any such violation. (c) The Company shall, so long as any of the Securities of any series are outstanding, upon any officer of the Company becoming aware of any Default or Event of Default, deliver to the Trustee, no later than 10 days after such forthwith upon any officer becomes becoming aware of such Default or Event of Default, an Officers’ Certificate specifying such (i) any Default or Event of Default or (ii) any event of default under any other mortgage, indenture or instrument referred to in Section 501(5), 106 an Officers' Certificate specifying such Default, Event of Default or other event of default and what action the Company is taking or proposes to take with respect thereto.