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

Statement by Officers as to Default. 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, 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 188 contracts

Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Allegheny Energy Supply Co LLC), Indenture (Metlife Inc)

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Statement by Officers as to Default. The Company will shall 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, 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 32 contracts

Samples: Indenture (Cogent Communications Group Inc), Indenture (Amerisource Health Corp/De), Indenture (Redback Networks Inc)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 150 days after the end of each of its fiscal year of the Company years ending after the date hereof, an Officers' Officer’s Certificate, stating whether or not to the best knowledge of the signers signer thereof the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 32 contracts

Samples: Indenture (Eplus Inc), Subordinated Indenture (Eplus Inc), Indenture (Pioneer Energy Services Corp)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereofCompany, an Officers' Certificate, stating whether or not to the best knowledge of the signers signer thereof the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they such signer may have knowledge.

Appears in 30 contracts

Samples: Indenture (PAVmed Inc.), Indenture (Lucid Diagnostics Inc.), Indenture (Lucid Diagnostics Inc.)

Statement by Officers as to Default. 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, 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 28 contracts

Samples: Indenture (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.), Indenture (Tanzanian Gold Corp)

Statement by Officers as to Default. 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' CertificateCertificate signed by its principal executive officer, principal financial officer or principal accounting officer stating whether or not to the best knowledge of the signers signer thereof the Company is 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) andIndenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 22 contracts

Samples: Indenture (Sangstat Medical Corp), Indenture (Sangstat Medical Corp), Indenture (Seacor Smit Inc)

Statement by Officers as to Default. 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, 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 material terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 20 contracts

Samples: Indenture (Warnaco Group Inc /De/), Indenture (Hanover Compressor Capital Trust), Indenture (Carriage Services Inc)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereofCompany, an Officers' a Certificate, stating whether or not to the best knowledge of the signers signer thereof the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they such signer may have knowledge.

Appears in 18 contracts

Samples: Indenture (Phoenix Capital Group Holdings, LLC), Indenture (Phoenix Capital Group Holdings I LLC), Indenture (Knightscope, Inc.)

Statement by Officers as to Default. 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, 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 18 contracts

Samples: Indenture (Physicians Resource Group Inc), Indenture (Pentegra Dental Group Inc), Indenture (American Residential Services Inc)

Statement by Officers as to Default. The Company will 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' Officer’s Certificate, complying with Section 314(a)(4) of the Trust Indenture Act, 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 13 contracts

Samples: Indenture (Cobrew SA/NV), Indenture (Anheuser-Busch InBev SA/NV), Indenture (Brandbev S.a r.l.)

Statement by Officers as to Default. 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' Certificatea certificate of the principal executive 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 is 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) andIndenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 13 contracts

Samples: Indenture (Xl Group PLC), Indenture (Security Capital Assurance LTD), Indenture (Arch Capital Group LTD)

Statement by Officers as to Default. The Company will shall deliver to the Trustee, Trustee within 120 days after the end of each fiscal year of the Company ending after the date hereofhereof an Officer’s Certificate signed by its principal executive officer, an Officers' Certificateprincipal financial officer or principal accounting officer, stating whether or not not, to the best knowledge of the signers thereof such officer, the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 11 contracts

Samples: Indenture (AppLovin Corp), Indenture (Marvell Technology Group LTD), Indenture (Chevron Corp)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 150 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Officer's Certificate, stating whether or not to the best knowledge of the signers signer thereof the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 9 contracts

Samples: Indenture (KBK Capital Trust I), Junior Convertible Subordinated Indenture (Amcv Capital Trust I), Indenture (El Paso Energy Corp/De)

Statement by Officers as to Default. 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, ’ 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.;

Appears in 9 contracts

Samples: Indenture (Enflex Corp), Indenture (Enflex Corp), Indenture (Usf Glen Moore Inc.)

Statement by Officers as to Default. 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, 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 (without regard Sections 10.1 to any period of grace or requirement of notice provided hereunder) and10.3, 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.

Appears in 9 contracts

Samples: Indenture (SSBH Capital Iv), Indenture (Citigroup Inc), Junior Subordinated Debt Securities Indenture (Travelers Property Casualty Corp)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days after the end of each of its fiscal year of the Company years ending after the date hereof, an Officers' Officer’s Certificate, stating whether or not to the best knowledge of the signers signer thereof the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 9 contracts

Samples: Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (Teledyne Technologies Inc)

Statement by Officers as to Default. 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’ Certificate signed by its principal executive officer, principal financial officer or principal accounting officer stating whether or not to the best knowledge of the signers thereof signer thereof, the Company is in default in the performance and or 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) andIndenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 8 contracts

Samples: Indenture (Protalix BioTherapeutics, Inc.), Indenture (Protalix BioTherapeutics, Inc.), Indenture (Brickell Biotech, Inc.)

Statement by Officers as to Default. 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' Officer’s 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 8 contracts

Samples: Senior Secured Notes Agreement (Office Properties Income Trust), Exchange Agreement (Office Properties Income Trust), Senior Secured Notes Agreement (Office Properties Income Trust)

Statement by Officers as to Default. 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’ Certificate covering the preceding fiscal year, stating whether or not not, to the best knowledge of the signers thereof thereof, the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 8 contracts

Samples: Subordinated Indenture (Principal Financial Services Inc), Senior Indenture (EAM Corp), Junior Subordinated Indenture (Principal Financial Group Inc)

Statement by Officers as to Default. 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’ Certificate complying with Section 314(a)(4) of the Trust Indenture Act, 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 8 contracts

Samples: Indenture (Mho, LLC), Indenture (Mho, LLC), Indenture (M/I Homes of Alabama, LLC)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 calendar days after the end of each fiscal year of the Company ending after the date hereof, an Officers' CertificateOfficer's Certificate signed by the principal executive officer, principal financial officer, or principal accounting officer of the Company stating whether or not to the best knowledge of the signers thereof such person after due inquiry the Company is in default in the performance and observance of any of the terms, provisions provisions, and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be is in default, specifying all such defaults and the nature and status thereof of which they such person may have such knowledge.

Appears in 7 contracts

Samples: Indenture (TrueBlue, Inc.), Indenture (Louisiana Pacific Corp), Indenture (Edison Brothers Stores Inc)

Statement by Officers as to Default. 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' CertificateCertificate covering the preceding fiscal year, stating whether or not not, to the best knowledge of the signers thereof thereof, the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 7 contracts

Samples: Subordinated Indenture (Principal Financial Group Inc), Subordinated Indenture (Principal Financial Group Inc), Senior Indenture (Principal Financial Group Inc)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 150 days after the end of each fiscal year Fiscal Year of the Company ending after the date hereof, an Officers' Certificate, stating whether or not to the best knowledge of the signer or signers thereof the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 7 contracts

Samples: Indenture (Community West Bancshares), Indenture (Community West Bancshares), Indenture (Central Valley Community Bancorp)

Statement by Officers as to Default. 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, 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 7 contracts

Samples: Indenture (Marathon Oil Corp), Indenture (Maverick Tube Corporation), Indenture (Marathon Financing Trust I)

Statement by Officers as to Default. 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' CertificateCertificate complying with Section 314(a)(4) of the Trust Indenture Act, 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 7 contracts

Samples: Indenture (M/I Homes of Grandview Yard, LLC), Indenture (M/I Homes of Grandview Yard, LLC), Indenture (Wendys International Inc)

Statement by Officers as to Default. 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, 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 (without regard Sections 10.01 to any period of grace or requirement of notice provided hereunder) 10.07, 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.

Appears in 7 contracts

Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 calendar days after the end of each fiscal year of the Company ending after the date hereof, an Officers' CertificateOfficer’s Certificate signed by the principal executive officer, principal financial officer, or principal accounting officer of the Company stating whether or not to the best knowledge of the signers thereof such person after due inquiry the Company is in default in the performance and observance of any of the terms, provisions provisions, and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be is in default, specifying all such defaults and the nature and status thereof of which they such person may have such knowledge.

Appears in 6 contracts

Samples: Indenture (TrueBlue, Inc.), Indenture (Macy's, Inc.), Indenture (Federated Retail Holdings Inc)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days after the end of each fiscal year Fiscal Year of the Company ending after the date hereof, an Officers' Certificate, stating whether or not to the best knowledge of the signer or signers thereof the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 6 contracts

Samples: Indenture (Financial Institutions Inc), Indenture (Financial Institutions Inc), Indenture (CenterState Bank Corp)

Statement by Officers as to Default. 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, 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 6 contracts

Samples: Indenture (Marathon Oil Corp), Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 calendar days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificateofficer's certificate signed by the principal executive officer, principal financial officer or principal accounting officer of the Company stating whether or not to the best knowledge of the signers thereof such person after due inquiry the Company is 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 the Company shall be is in default, specifying all such defaults and the nature and status thereof of which they such person may have such knowledge.

Appears in 6 contracts

Samples: Indenture (Mercury Finance Co), Indenture (Mercury Finance Co), Indenture (MFN Financial Corp)

Statement by Officers as to Default. 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' Certificatea certificate of the principal executive officer, principal financial officer or principal accounting officer of the Company stating whether or not to the best knowledge of the signers signer thereof the Company is 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) andIndenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 6 contracts

Samples: Indenture (Financial Security Assurance Holdings LTD), Indenture (Symetra Financial CORP), Indenture (Symetra Financial CORP)

Statement by Officers as to Default. 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, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any compliance with all of the terms, provisions provisions, covenants and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in defaultdefault with respect to or shall not be in compliance with all such terms, provisions, covenants and conditions, specifying all such defaults or events of noncompliance and the nature and status thereof of which they may have knowledge.

Appears in 6 contracts

Samples: Indenture (Ferro Corp), Indenture (Ferro Corp), Indenture (Ferro Corp)

Statement by Officers as to Default. The Company Corporation will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company Corporation ending after the date hereof, an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the Company Corporation is 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 the Company Corporation shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 5 contracts

Samples: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Indenture (United States Steel Corp)

Statement by Officers as to Default. 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, 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 (without regard Sections 10.1 to any period of grace or requirement of notice provided hereunder) and10.8, 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.

Appears in 5 contracts

Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)

Statement by Officers as to Default. The Company will shall deliver to the Trustee, Trustee within 120 days after the end of each fiscal year of the Company ending after the date hereof, hereof an Officers' Officer’s Certificate, stating whether or not not, to the best knowledge of the signers thereof such officer, the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 5 contracts

Samples: Indenture (Apple Inc.), Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems, Inc.)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days on or before a date not more than four months after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate, which shall include the statements provided for in Section 16.04 and stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace be performed or requirement of notice provided hereunder) observed by it and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 5 contracts

Samples: Indenture (Aon PLC), Indenture (Aon PLC), Indenture (Aon PLC)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 150 days after the end of each of its fiscal year of the Company years ending after the date hereof, an Officers' 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 5 contracts

Samples: Indenture (Rex Energy I, LLC), Subordinated Indenture (GreenHunter Energy, Inc.), Indenture (GreenHunter Energy, Inc.)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 150 days after the end of each fiscal year Fiscal Year of the Company ending after the date hereof, an Officers' Certificate, stating whether or not to the best knowledge of the signer or signers thereof the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 5 contracts

Samples: Indenture (BCB Bancorp Inc), Indenture (BCB Bancorp Inc), Indenture (First of Long Island Corp)

Statement by Officers as to Default. 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, stating whether or not to the best knowledge of the signers thereof the Company is in default 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 the Company shall be in defaultDefault, specifying all such defaults Defaults and the nature and status thereof of which they may have knowledge.

Appears in 5 contracts

Samples: Indenture (Wellpoint, Inc), Indenture (Novellus Systems Inc), Indenture (Intel Corp)

Statement by Officers as to Default. The Company will deliver to the Trustee, Trustee within 120 calendar days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificatea certificate signed by the Company’s principal executive officer, principal financial officer or principal accounting officer stating whether or not to the best knowledge of the signers signer thereof the Company is in default in the performance and observance of any of the compliance with all terms, provisions conditions and conditions covenants of this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, and if the signer has obtained knowledge of any continuing default by the Company shall be in defaultthe performance, observation or fulfillment of any such term, condition or covenant, specifying all each such defaults default and the nature and status thereof of which they may have knowledgethereof.

Appears in 4 contracts

Samples: Subordinated Indenture (Aetna Inc /Pa/), Senior Indenture (Aetna Inc /Pa/), Senior Indenture (Aetna Inc /Pa/)

Statement by Officers as to Default. 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’ Certificate signed by its chief executive officer, the president, chief financial officer or principal accounting officer stating whether or not to the best knowledge of the signers thereof signer thereof, the Company is in default in the performance and or 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) andIndenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 4 contracts

Samples: Indenture (WGL Holdings Inc), Indenture (WGL Holdings Inc), Indenture (WGL Holdings Inc)

Statement by Officers as to Default. 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, 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 provisions, covenants and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 4 contracts

Samples: Indenture (Chemed Capital Trust), Indenture (Chemed Corp), Indenture (Chemed Capital Trust)

Statement by Officers as to Default. 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, 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 (without regard Sections 10.1 to any period of grace or requirement of notice provided hereunder) and10.8, 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.

Appears in 4 contracts

Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 calendar days after the end of each fiscal year of the Company ending after the date hereof, an Officers' 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 4 contracts

Samples: Indenture (American Capital Senior Floating, Ltd.), Indenture (American Capital Strategies LTD), Indenture (Allied Capital Corp)

Statement by Officers as to Default. 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' Officer's 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 4 contracts

Samples: Indenture (Midamerican Energy Holdings Co /New/), Indenture (Psi Energy Inc), Indenture (Cleveland Electric Illuminating Co)

Statement by Officers as to Default. 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' Certificatea certificate of the principal executive 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 is or the Guarantor are 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) andIndenture, and if the Company or the Guarantor shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 4 contracts

Samples: Indenture (Xl Group PLC), Indenture (Xl Group PLC), Indenture (XL Group Ltd.)

Statement by Officers as to Default. The Company will 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, 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 3 contracts

Samples: Indenture (Vintage Petroleum Inc), Indenture (Mobile Mini Inc), Indenture (Vintage Petroleum Inc)

Statement by Officers as to Default. The Company will shall deliver to the Trustee, Trustee within 120 days after the end of each fiscal year of the Company ending after the date hereofhereof an Officer’s Certificate signed by its principal executive officer, an Officers' Certificateprincipal financial officer or principal accounting officer, stating whether or not not, to the best knowledge of the signers thereof such Officer, the Company is in default in the performance and observance of any of the terms, provisions and conditions of this Indenture applicable to it (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they such Officer may have knowledge.

Appears in 3 contracts

Samples: Indenture (Reynolds Presto Products Inc.), Indenture (Blue Ridge Paper Products LLC), Indenture (Reynolds Presto Products Inc.)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 90 days after the end of each fiscal year of the Company ending after the date hereofyear, an Officers' 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 (without regard to any period of grace or requirement of notice provided hereunder) andIndenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 3 contracts

Samples: Indenture (Georgia Gulf Corp /De/), Indenture (Georgia Gulf Corp /De/), Indenture (Georgia Gulf Corp /De/)

Statement by Officers as to Default. The Company will shall deliver to the Trustee, within 120 60 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate, a certificate in accordance with Section 314(a)(4) of the Trust Indenture Act stating whether or not not, to the best knowledge of the signers thereof thereof, the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 3 contracts

Samples: Indenture (Surety Capital Corp /De/), Indenture (Bank United Corp), Indenture (Bank United Corp)

Statement by Officers as to Default. 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, 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 (without regard Sections 1001 to any period of grace or requirement of notice provided hereunder) and1008, 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.

Appears in 3 contracts

Samples: Indenture (Alco Capital Resource Inc), Indenture (Ikon Office Solutions Inc), Indenture (Alco Standard Corp)

Statement by Officers as to Default. 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 hereofCompany, an Officers' Certificate, 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 (without regard to any period of grace Sections 9.01 through 9.07 or requirement of notice provided hereunder) andSections 9.10 through 9.13, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledgethereof.

Appears in 3 contracts

Samples: Indenture (CSK Auto Corp), Indenture (CSK Auto Corp), Indenture (Prime Service Inc)

Statement by Officers as to Default. The Company will deliver to the Trustee, Trustee within 120 calendar days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificatea certificate signed by the Company's principal executive officer, principal financial officer or principal accounting officer stating whether or not to the best knowledge of the signers signer thereof the Company is in default in the performance and observance of any of the compliance with all terms, provisions conditions and conditions covenants of this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, and if the signer has obtained knowledge of any continuing default by the Company shall be in defaultthe performance, observation or fulfillment of any such term, condition or covenant, specifying all each such defaults default and the nature and status thereof of which they may have knowledgethereof.

Appears in 3 contracts

Samples: Senior Indenture (Aetna Inc /Pa/), Subordinated Indenture (Aetna Inc /Pa/), Senior Indenture (Aetna Inc /Pa/)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 150 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Officer's Certificate, stating whether or not to the best knowledge of the signers signer thereof the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. Section 1005.

Appears in 3 contracts

Samples: Indenture (El Paso Natural Gas Co), Indenture (El Paso Natural Gas Co), Indenture (El Paso Natural Gas Co)

Statement by Officers as to Default. 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, stating whether or not to the best knowledge of the signers thereof after due inquiry the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 3 contracts

Samples: Indenture (Impac Mortgage Holdings Inc), Indenture (Impac Mortgage Holdings Inc), Indenture (Impac Mortgage Holdings Inc)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 150 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Officer's Certificate, stating whether or not to the best knowledge of the signers signer thereof the Company is 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 the 77 69 Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. SECTION 1005.

Appears in 3 contracts

Samples: Indenture (Tennessee Gas Pipeline Co), Indenture (Tennessee Gas Pipeline Co), Indenture (El Paso Tennessee Pipeline Co)

Statement by Officers as to Default. 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, 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 (without regard to any period of grace or requirement of notice provided hereunder) and, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 3 contracts

Samples: Indenture (Parker Hannifin Corp), Indenture (Parker Hannifin Corp), Indenture (Dimon Inc)

Statement by Officers as to Default. 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, 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 (without regard to any period of grace or requirement of notice provided hereunder) andIndenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 3 contracts

Samples: Indenture (International Paper Co /New/), Indenture (International Paper Capital Trust Iii), Indenture (International Paper Capital Trust Iii)

Statement by Officers as to Default. 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, Certificate stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance compliance with all conditions and observance of any of the terms, provisions and conditions of covenants under this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 3 contracts

Samples: Indenture (Building One Services Corp), Indenture (Kent Electronics Corp), Indenture (Kent Electronics Corp)

Statement by Officers as to Default. 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, 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 (without regard Sections 1001 to any period of grace or requirement of notice provided hereunder) and1006, 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.

Appears in 3 contracts

Samples: Indenture (St Paul Capital Trust Ii), Indenture (St Paul Capital Trust Ii), Indenture (St Paul Companies Inc /Mn/)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 one hundred twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate, stating whether or not not, to the best knowledge of the signers thereof thereof, the Company is Issuers are 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 the Company Issuers shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (NEWMONT Corp /DE/), Indenture

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Statement by Officers as to Default. 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' CertificateCertificate covering the preceding fiscal year, 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Senior Indenture (Everest Re Group LTD), Senior Indenture (Everest Re Capital Trust Iii)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 150 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof a Default or an Event of Default by the Company is 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) then exists and, if the Company shall be in defaultsuch signers have knowledge of any Default or Event of Default, specifying all such defaults Defaults or Events of Defaults (as applicable) and the nature and status thereof of which they may have knowledgethereof.

Appears in 2 contracts

Samples: Indenture (Te Products Pipeline Co Lp), Indenture (Te Products Pipeline Co Lp)

Statement by Officers as to Default. 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' Officer's 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof and proposals and efforts taken to remedy any such defaults of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Documentum Inc), Indenture (Emc Corp)

Statement by Officers as to Default. 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' CertificateCertificate signed by the principal executive 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 is 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) 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.

Appears in 2 contracts

Samples: Indenture (Portland General Electric Co /Or/), Indenture (Portland General Electric Co /Or/)

Statement by Officers as to Default. 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, 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 (without regard to any period of grace or requirement of notice provided hereunder) andSections 4.06, 4.07 and 4.09, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Flir Systems Inc), Indenture (Flir Systems Inc)

Statement by Officers as to Default. The Company will shall 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, Certificate covering such fiscal year stating whether or not not, to the best knowledge of the signers thereof thereof, the Company is in default in the performance and observance of any of the material terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Westcoast Hospitality Corp), Indenture (Westcoast Hospitality Capital Trust)

Statement by Officers as to Default. 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, 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 (without regard Sections 1004 to any period of grace or requirement of notice provided hereunder) and1007, 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.

Appears in 2 contracts

Samples: Indenture (Meadwestvaco Corp), Indenture (Mead Corp)

Statement by Officers as to Default. 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, 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 material terms, provisions and conditions of this Indenture Inden- ture (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Western Resources Capital Ii), Indenture (Western Resources Inc /Ks)

Statement by Officers as to Default. The Company will shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereofCompany, an Officers' Certificate, Certificate stating whether or not to the best knowledge of the signers thereof the Company is in default in compliance on such date with all conditions and covenants under 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge).

Appears in 2 contracts

Samples: Supplemental Indenture (Inacom Corp), Indenture (Southern Mineral Corp)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days after the end Trustee on or before May 1 of each fiscal year of the Company ending after the date hereof, an Officers' Certificate’ Certificate covering the preceding calendar year, stating whether or not not, to the best knowledge of the signers thereof thereof, the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Gogo Inc.), Indenture (Gogo Inc.)

Statement by Officers as to Default. 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, 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying then such Officers' Certificate shall specify all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Case Credit Corp), Indenture (Case Credit Corp)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days on or before a date not more than four months after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate, which shall include the statements provided for in Section 17.04 and stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace be performed or requirement of notice provided hereunder) observed by it and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Aon Corp), Indenture (Aon Corp)

Statement by Officers as to Default. 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, 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 (without regard Section 10.1 to any period of grace or requirement of notice provided hereunder) and10.3, 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.

Appears in 2 contracts

Samples: Indenture (Textron Inc), Indenture (Textron Inc)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company (which as of the date hereof is December 31) ending after the date hereof, an Officers' Certificate, Certificate stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance compliance with all conditions and observance of any of the terms, provisions and conditions of covenants under this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Building One Services Corp), Indenture (Boss Investment LLC)

Statement by Officers as to Default. 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' CertificateCertificate which shall be signed by the principal executive officer, the principal accounting officer, or the chief financial officer, 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 (without regard to any period of grace or requirement of notice provided -44- hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Bank Plus Corp), Indenture (Bank Plus Corp)

Statement by Officers as to Default. 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, 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 (without regard to any period of grace or requirement of notice provided hereunder) andSections 1004 and 1005, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Phoenix Companies Inc/De), Indenture (Phoenix Duff & Phelps Corp)

Statement by Officers as to Default. 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, hereof an Officersofficers' 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 (without regard Sections 1004 to any period of grace or requirement of notice provided hereunder) and1006, 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.

Appears in 2 contracts

Samples: Indenture (Georgia Pacific Corp), Indenture (Georgia Pacific Corp)

Statement by Officers as to Default. The Company will shall 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, stating whether or not not, to the best knowledge of the signers thereof thereof, the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Oil States International Inc), Indenture (Collegiate Pacific Inc)

Statement by Officers as to Default. 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, 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 (without regard Sections 1004 to any period of grace or requirement of notice provided hereunder) and1007, inclusive, and if the Company company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Meadwestvaco Corp), Indenture (Mead Corp)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereofCompany, an Officers' Certificate, stating whether or not to the best knowledge of the signers signer thereof the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they such signer may have knowledge.

Appears in 2 contracts

Samples: Indenture (Ciena Corp), Indenture (Fox Entertainment Group Inc)

Statement by Officers as to Default. 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, stating whether or not not, to the best knowledge of the signers thereof thereof, the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Hewlett Packard Enterprise Co), Indenture (Hewlett Packard Enterprise Co)

Statement by Officers as to Default. 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, 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 (without regard Sections 1004 to any period of grace or requirement of notice provided hereunder) and1008, 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.

Appears in 2 contracts

Samples: Indenture (Inco LTD), Indenture (Inco LTD)

Statement by Officers as to Default. 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' CertificateCertificate (one of the signers of which shall be the principal executive 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 is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Susquehanna Bancshares Inc), Indenture (Comerica Inc /New/)

Statement by Officers as to Default. The Company will deliver to the Trustee, within on or before a date not more than 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' CertificateOfficer's Certificate stating, stating as to each officer signing such certificate, whether or not to the best of his 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 (without regard to any period of grace or requirement of notice provided hereunder) hereof, and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they he may have knowledge.

Appears in 2 contracts

Samples: Indenture (Carnival Corp), Indenture (Carnival Corp)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 calendar days after the end of each fiscal year of (beginning with the Company fiscal year ending after the date hereofDecember 31, 2024), an Officers' Officer’s 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledgeIndenture.

Appears in 2 contracts

Samples: Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.)

Statement by Officers as to Default. 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' CertificateCertificate signed by its Chief Executive Officer, President, Chief Financial Officer, any Vice President, Treasurer or Controller stating whether or not to the best knowledge of the signers thereof such officer the Company is 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) andIndenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Anadigics Inc), Indenture (Anadigics Inc)

Statement by Officers as to Default. 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' CertificateCertificate covering the preceding calendar year, stating whether or not not, to the best knowledge of the signers thereof thereof, the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Subordinated Indenture (Phoenix Companies Inc/De), Subordinated Indenture (Phoenix Companies Inc/De)

Statement by Officers as to Default. The Company will shall 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, ’ Certificate stating whether or not not, to the best knowledge of the signers thereof thereof, the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Senior Serial Redeemable Debt Securities Indenture (Nextel Communications Inc), Senior Serial Redeemable Debt Securities Indenture (Nextel Communications Inc)

Statement by Officers as to Default. 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, 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 provisions, covenants and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder) andIndenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Ipc Holdings LTD), Indenture (Ipc Holdings LTD)

Statement by Officers as to Default. The Company Companies will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company Parent ending after the date hereof, an Officers' Officer’s Certificate, stating whether or not not, to the best knowledge of the signers thereof the thereof, a Company or Parent is 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 the a Company or Parent shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Genpact LTD), Indenture (Genpact Luxembourg S.a.r.l.)

Statement by Officers as to Default. 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, 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 (without regard Sections 1004 to any period of grace or requirement of notice provided hereunder) and1006, 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.

Appears in 2 contracts

Samples: Indenture (Georgia Pacific Corp), Subordinated Indenture (Inco LTD)

Statement by Officers as to Default. 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, 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 provisions, covenants and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder) and), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Ormat Technologies, Inc.), Indenture (Ormat Technologies, Inc.)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 150 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate, stating whether or not to the best knowledge of the signers signer thereof the Company is 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 the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 2 contracts

Samples: Indenture (Lakehead Pipeline Co Lp), Indenture (Lakehead Pipeline Co Lp)

Statement by Officers as to Default. 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 Officersofficers' 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 1 contract

Samples: Indenture (Owens Corning Capital Ii)

Statement by Officers as to Default. 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' CertificateCertificate signed by its principal executive officer, principal financial officer or principal accounting officer stating whether or not to the best knowledge of the signers signer thereof the Company is in default (without regard to periods of grace or notice requirements) 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) andIndenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 1 contract

Samples: Indenture (United States Surgical Corp)

Statement by Officers as to Default. 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, 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 (without regard to any period of grace or requirement of notice provided hereunder) 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.

Appears in 1 contract

Samples: Indenture (Eog Resources Inc)

Statement by Officers as to Default. The Company Corporation will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company Corporation ending after the date hereof, an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the Company Corporation is 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 the Company Corporation shall be in default, specifying all such defaults and defaults, the nature and status thereof of which they may have knowledge.

Appears in 1 contract

Samples: Indenture (Wellcare Health Plans, Inc.)

Statement by Officers as to Default. The Company will shall deliver to the Trustee, within 120 60 days after the end of each fiscal year of the Company ending after the date hereof, an Officers' Certificate, a certificate in accordance with Section 314 (a) (4) of the Trust Indenture Act 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 (without regard to any period of grace or requirement of notice provided hereunder) and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 1 contract

Samples: Indenture (Bank United Corp)

Statement by Officers as to Default. 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’ Certificate signed by its chairman & chief executive officer, the president, the chief financial officer, the chief operating officer or principal accounting officer stating whether or not to the best knowledge of the signers thereof signer thereof, the Company is in default in the performance and or 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) andIndenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.

Appears in 1 contract

Samples: Indenture (Amerant Bancorp Inc.)

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