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 of this Indenture, an Officers’ Certificate (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, 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 under this Indenture) and, if the Company shall be in default, specifying all such defaults and their nature and status of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 12 contracts

Samples: Indenture (Abacus Life, Inc.), Indenture (Abacus Life, Inc.), Senior Debt Securities Indenture (NewtekOne, Inc.)

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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 of this Indenturehereof, an Officers’ Certificate (' Certificate, one of the signers of which shall be the principal executive officer, principal financial officer, officer or principal accounting officer of the Company), stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 9 contracts

Samples: Indenture (Eg&g Inc), Indenture (Owens Corning), Indenture (Eg&g 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 of this Indenturehereof, an Officers’ Certificate (' Certificate, one of the signers of which shall be the principal executive officerexecutive, principal financial officer, accounting or principal accounting financial officer of the Company), stating whether or not, not to the best knowledge of the signerssigners thereof the Company, the Company is in default in the performance and observance of any of the terms, provisions, covenants and conditions of this Indenture (without regard to any period of grace or requirement of notice provided under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 8 contracts

Samples: Subordinated Indenture (Reliant Energy Inc), Indenture (Noram Energy Corp/), Senior Indenture (Reliant Energy 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 of this Indenturehereof, an Officers’ Certificate (one of the signers of which shall be the principal executive officer, principal financial officer, or principal accounting officer of the Company)' Certificate, stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will shall deliver to the Trustee written notice Trustee, as soon as reasonably prachcable and in any event within 20 days after the Company becomes aware of the occurrence of any Event of Default within ten Business Days or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the Company becoming aware details of any such Event of DefaultDefault or default.

Appears in 6 contracts

Samples: Indenture (Genelabs Technologies Inc /Ca), Indenture (Newcastle Investment Corp), Indenture (Genelabs Technologies Inc /Ca)

Statement by Officers as to Default. The Company will shall deliver to the Trustee within 30 days after the occurrence thereof written notice of any event which with the giving of notice and the lapse of time or both would become an Event of Default. The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year Fiscal Year of the Company ending after the date of this Indenturehereof, an Officers’ Certificate (one of the signers of which shall be the principal executive officer, principal financial officer, or principal accounting officer of the Company)' Certificate, stating whether or not, not to the best knowledge of the signers, signers thereof the Company is in default in the performance and observance of any of the terms, provisionsprovisions and conditions applicable to the Company hereunder, and conditions of this Indenture (without regard to any period of grace or requirement of notice provided under this Indenture) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 6 contracts

Samples: Indenture (Tampa Electric Co), Indenture (Teco Energy Inc), Indenture (Teco Energy 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 of this Indenture, hereof an Officers’ Certificate (one of the signers of which shall be the Company signed by its principal executive officer, principal financial officer, officer or principal accounting officer of the Company)officer, stating whether or not, to the best knowledge of the signerssuch Officer, the Company is in default in the performance and observance of any of the terms, provisions, provisions and conditions of this Indenture applicable to it (without regard to any period of grace or requirement of notice provided under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they such Officer may have knowledge. The Company will shall deliver to the Trustee written notice Trustee, as soon as possible and in any event within 30 days after the Company becomes aware of the occurrence of any Default or Event of Default within ten Business Days an Officers’ Certificate setting forth the details of the Company becoming aware of any such Default or Event of Default, its status and the actions which the Company is taking or proposes to take with respect thereto.

Appears in 5 contracts

Samples: Indenture (Carlyle Group L.P.), Indenture (Carlyle Group L.P.), Indenture (Carlyle Group L.P.)

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 of this Indenturehereof, an Officers’ Certificate (one of Certificate, to the signers of which shall be the principal executive officer, principal financial officer, or principal accounting officer of the Company), stating whether or not, effect that to the best knowledge of the signers, signers thereof (on behalf of the Company) the Company is or is not in default in the performance and observance of any of the terms, provisions, provisions and conditions of this Indenture and the Securities (without regard to any period of grace or requirement of notice provided under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will shall, so long as any of the Securities are Outstanding, deliver to the Trustee written notice a Responsible Officer of the occurrence of any Event of Default Trustee, within ten 10 Business Days upon any officer of the Company becoming aware of any Default or Event of Default, an Officers’ Certificate specifying such Default or Event of Default.

Appears in 5 contracts

Samples: Senior Indenture (Brighthouse Financial, Inc.), Junior Subordinated Indenture (Brighthouse Financial, Inc.), Subordinated Indenture (Brighthouse Financial, Inc.)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days after the end of each its fiscal year of the Company ending after the date of this Indenturehereof, an Officers’ Certificate (one of the signers of which shall be the principal executive officer, principal financial officer, or principal accounting officer of the Company)' Certificate, stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to give the Trustee written notice of the occurrence of any Event of Default within ten Business Days 10 days after any Responsible Officer of the Company becoming becomes aware of any or receives actual notice of such default or Event of Default.

Appears in 4 contracts

Samples: Indenture (Bowater Inc), Indenture (Bowater Inc), Senior Indenture (Bowater 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 of this Indenturehereof, an Officers’ Certificate (one of the signers of which shall be the principal executive officer, principal financial officer, or principal accounting officer of the Company)' Certificate, stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will shall deliver to the Trustee written notice Trustee, as soon as reasonably practicable and in any event within 20 days after the Company becomes aware of the occurrence of any Event of Default within ten Business Days or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the Company becoming aware details of any such Event of DefaultDefault or default.

Appears in 4 contracts

Samples: Indenture (Arbor Realty Trust Inc), Indenture (Encysive, L.P.), Indenture (Mission E&p Limited Partnership)

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 of this Indenturehereof, an Officers’ Certificate (one of Certificate, to the signers of which shall be the principal executive officer, principal financial officer, or principal accounting officer of the Company), stating whether or not, effect that to the best knowledge of the signers, signers thereof (on behalf of the Company) the Company is or is not 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will shall, so long as any of the Securities are Outstanding, deliver to the Trustee written notice a Responsible Officer of the occurrence of any Event of Default Trustee, within ten Business Days upon any officer of the Company becoming aware of any Default or Event of Default, an Officers’ Certificate specifying such Default or Event of Default.

Appears in 4 contracts

Samples: Subordinated Indenture (Equitable Holdings, Inc.), Junior Subordinated Indenture (Equitable Holdings, Inc.), Subordinated Indenture (AXA Equitable 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 of this Indenturehereof, an Officers’ Certificate (one of Certificate, to the signers of which shall be the principal executive officer, principal financial officer, or principal accounting officer of the Company), stating whether or not, effect that to the best knowledge of the signers, signers thereof (on behalf of the Company) the Company is or is not 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will shall, so long as any of the Securities are Outstanding, deliver to the Trustee written notice a Responsible Officer of the occurrence of any Event of Default Trustee, within ten 10 Business Days upon any officer of the Company becoming aware of any Default or Event of Default, an Officers’ Certificate specifying such Default or Event of Default.

Appears in 3 contracts

Samples: Senior Indenture (SiriusPoint LTD), Indenture (Jackson Financial Inc.), Indenture (SiriusPoint 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 of this Indenturehereof, an Officers' Certificate (one of the signers of which shall be the signed by its principal executive officer, principal financial officer, officer or principal accounting officer of the Company), stating whether or not, 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, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided under this Indenture) andhereunder), and if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to shall file with the Trustee written notice of the occurrence of any Event of Default Trustee, within ten five Business Days of the Company after becoming aware of any 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.

Appears in 3 contracts

Samples: Indenture (Insignia Financing I), Indenture (Qualicomm Financial Trust I), Exchange Agreement (Insignia Financial Group Inc /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, a certificate of this Indenture, an Officers’ Certificate (one of the signers of which shall be the principal executive officer, principal financial officer, officer or principal accounting officer of the Company), Company stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenture) and, and if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will shall deliver to the Trustee written notice Trustee, as soon as possible after the Company becomes aware of the occurrence of any Event of Default within ten Business Days or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the Company becoming aware details of any such Event of DefaultDefault or default.

Appears in 2 contracts

Samples: Indenture (Allied World Assurance Co Holdings LTD), Indenture (Allied World Assurance Co Holdings 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 of this Indenturehereof, an Officers’ Certificate (Certificate, one of the signers of which shall be the principal executive officerexecutive, principal financial officer, or principal accounting officer of the Company), stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 2 contracts

Samples: Indenture (Symantec Corp), Indenture (Symantec Corp)

Statement by Officers as to Default. (a) The Company will shall deliver to the Trustee within 30 days after the occurrence thereof written notice of any event which with the giving of notice and the lapse of time or both would become an Event of Default. (b) The Company shall deliver to the Trustee, within 120 days after the end of each fiscal year Fiscal Year of the Company ending after the date of this Indenturehereof, an Officers’ Certificate (one of the signers of which shall be the principal executive officer, principal financial officer, or principal accounting officer of the Company)Certificate, stating whether or not, not to the best knowledge of the signers, signers thereof the Company is in default in the performance and or observance of any of the terms, provisionsprovisions and conditions applicable to the Company hereunder, and conditions of this Indenture (without regard to any period of grace or requirement of notice provided under this Indenture) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 2 contracts

Samples: Indenture (Tampa Electric Co), Indenture (Teco Energy 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 (currently, December 31) ending after the date of this Indenture, an Officers’ Certificate (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, 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 under this Indenture) and, if the Company shall be in default, specifying all such defaults and their nature and status of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 2 contracts

Samples: Indenture (Privatebancorp, Inc), Indenture (Privatebancorp, 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 of this Indenturehereof, an Officers’ Certificate (one of the signers of which shall be the principal executive officer, principal financial officer, or principal accounting officer of the Company)Officer's Certificate, stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice Trustee, as soon as possible and in any event within 15 days after the Company becomes aware of the occurrence of any Event of Default within ten Business Days or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officer's Certificate setting forth the Company becoming aware details of any such Event of DefaultDefault or default and the action which the Company proposes to take with respect thereto.

Appears in 2 contracts

Samples: Indenture (Telefonos De Mexico S a De C V), Indenture (Telefonos De Mexico S a De C V)

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 of this Indenturehereof, an Officers’ Certificate (one of the signers of which shall be the principal executive officer, principal financial officer, or principal accounting officer of the Company)Certificate, stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will shall deliver to the Trustee written notice Trustee, as soon as reasonably practicable and in any event within 20 days after the Company becomes aware of the occurrence of any Event of Default within ten Business Days or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the Company becoming aware details of any such Event of DefaultDefault or default.

Appears in 2 contracts

Samples: Indenture (PetroQuest Energy, L.L.C.), Indenture (PetroQuest Energy, L.L.C.)

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 of this Indenture, an Officers’ Officer’s Certificate (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, 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 under this Indenture) and, if the Company shall be in default, specifying all such defaults and their nature and status of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 2 contracts

Samples: Indenture (United Community Banks Inc), Indenture (United Community Banks 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 of this Indenturehereof so long as any Security is outstanding hereunder, an Officers’ Certificate (one ' Certificate, stating that a review of the activities of the Company during such year and of performance under this Indenture has been made under the supervision of the signers of which shall be the principal executive officer, principal financial officer, or principal accounting officer of the Company), stating thereof and whether or not, not to the best knowledge of the signerstheir knowledge, based upon such review, the Company is in default in the performance and performance, observance or fulfillment of any of the terms, provisions, its covenants and conditions of this Indenture (without regard to any period of grace or requirement of notice provided other obligations under this Indenture) and, and if the Company shall be in default, specifying all each such defaults default known to them and their the nature and status of which they may have knowledgethereof. The Company will deliver to the Trustee written notice One of the occurrence of any Event of Default within ten Business Days officers signing the Officers' Certificate delivered pursuant to this Section 1007 shall be the principal executive, financial or accounting officer of the Company becoming aware of any such Event of DefaultCompany.

Appears in 1 contract

Samples: Indenture (Union Texas Petroleum 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 of this Indenturehereof, an Officers’ Certificate (Certificate, one of the signers of which shall be the principal executive officer, principal financial officer, officer or principal accounting officer of the Company), Company stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.;

Appears in 1 contract

Samples: Indenture (Horsehead 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 of this Indenturehereof, an Officers’ Certificate (one officers' certificate 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, not to the best knowledge of the signers, signers thereof the Company is in default in the performance and observance of any of the terms, provisions, provisions and conditions of this Indenture (and, if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For purposes of this Section 1006, any such default shall be determined without regard to any period of grace or requirement of notice provided under this Indenture) and. In addition, if the Company shall be in default, specifying all such defaults and their nature and status of which they may have knowledge. The Company will deliver to file with the Trustee written notice of the occurrence of any default or Event of Default within ten five Business Days of the Company its becoming aware of any such default or Event of Default.

Appears in 1 contract

Samples: Indenture (Lehman Brothers 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 of this Indenturehereof, an Officers' Certificate (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, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company Trustee, forthwith upon becoming aware of any such default in the performance or observance of any covenant, agreement or condition contained in this Indenture, or any Event of Default., an Officers' Certificate specifying with particularity such

Appears in 1 contract

Samples: Indenture (Atrix Laboratories Inc)

Statement by Officers as to Default. The At any time at which there are Outstanding Securities of any series issued under this Indenture, the Company will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date of this Indenturehereof, an Officers’ Certificate (one of the signers of which shall be the principal executive officer, principal financial officer, or principal accounting officer of the Company)Certificate, stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 1 contract

Samples: Indenture (Euronet Worldwide 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 of this Indenturehereof, an Officers' Certificate (one complying with the requirements of Section 314(a)(4) of the signers of which shall be the principal executive officer, principal financial officer, or principal accounting officer of the Company), Trust Indenture Act and stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver shall promptly, and in any event within 10 days of the occurrence thereof, give notice to the Trustee written notice of the occurrence of any default or Event of Default within ten Business Days of the Company becoming aware of any such Event of Defaulthereunder.

Appears in 1 contract

Samples: Indenture (Medpartners Inc)

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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 of this Indenturehereof, an Officers' Certificate (one of the signers of which shall be the signed by its principal executive officer, principal financial officer, officer or principal accounting officer of the Company), stating whether or not, 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, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided under this Indenture) andhereunder), and if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to shall file with the Trustee written notice of the occurrence of an Officer's Certificate specifying any default or Event of Default within ten five Business Days of the Company its becoming aware of any such default or Event of DefaultDefault and what action the Company is taking or proposes to take with respect thereto.

Appears in 1 contract

Samples: Indenture (Calenergy Capital Trust Vi)

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 of this Indenturehereof, an Officers’ Certificate (one of the signers of which shall be the principal executive officer, principal financial officer, or principal accounting officer of the Company)' Certificate, stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to give the Trustee written notice of the occurrence of any Event of Default within ten Business Days 10 days after any Responsible Officer of the Company becoming becomes aware of any or receives actual notice of such default or Event of Default.

Appears in 1 contract

Samples: Indenture (Radioshack Corp)

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days after the end of each fiscal year year, a written statement signed by the Chairman of the Board, a Vice Chairman, the President or a Vice President and by the Treasurer, an Assistant Treasurer, the Comptroller or a Deputy Comptroller of the Company ending after the date of this Indenture, an Officers’ Certificate (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, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 1 contract

Samples: Indenture (Bny Capital V)

Statement by Officers as to Default. The Company will deliver to the TrusteeAnnually, within 120 days after the end close of each fiscal year of beginning with the fiscal year ending December 31, 2013, the Company ending after will deliver to the date of this Indenture, an Officers’ Certificate Trustee a brief certificate (one of which need not include the signers of which shall be statements set forth in Section 103) from the principal executive officer, principal financial officer, officer or principal accounting officer of the Company), stating whether Company as to his or not, to the best her knowledge of the signers, the Company is in default in the performance and observance of any of the terms, provisions, and conditions of this Indenture Company’s compliance (without regard to any period of grace or requirement of notice provided herein) with all conditions and covenants of the Company under this Indenture) the Indenture and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have such officer has knowledge. The Company will shall deliver to the Trustee written notice Trustee, as soon as possible and in any event within five days after the Company becomes aware of the occurrence of any default or Event of Default, an Officers’ Certificate setting forth the details of such default or Event of Default within ten Business Days of and the action which the Company becoming aware of any such Event of Defaultproposes to take with respect thereto.

Appears in 1 contract

Samples: Indenture (DCP Midstream Partners, LP)

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 of this Indenturehereof, an Officers’ Officer’s Certificate (one of the signers of which shall be signed by the principal executive officer, principal financial officer, or principal accounting officer of the Company), Company stating whether or not, not to the best knowledge of the signers, 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 under this Indenturehereunder) and, if the Company shall be is in default, specifying all such defaults and their the nature and status thereof of which they such person may have such knowledge. The In addition, the Company will deliver to the Trustee written notice Trustee, as soon as possible, and in any event within 10 days after the Company becomes aware of the occurrence of any uncured Event of Default within ten Business Days of or uncured Default and the nature and status thereof to the extent known by the Company becoming aware of any such Event of Defaultand the action that the Company proposes to take with respect thereto.

Appears in 1 contract

Samples: Subordinated Indenture (Extrusion Technology Corp of America)

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 of this Indenturehereof, an Officers’ Certificate (Certificate, one of the signers of which shall be the principal executive officer, principal financial officer, officer or principal accounting officer of the Company), stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 1 contract

Samples: Indenture (Horsehead 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 of this Indenturehereof, an Officers’ Certificate (' Certificate, one of the signers of which shall be the principal executive officerexecutive, principal financial officer, accounting or principal accounting financial officer of the Company), stating whether or not, not to the best knowledge of the signerssigners thereof, the Company is in default in the performance and observance of any of the terms, provisions, covenants and conditions of this Indenture (without regard to any period of grace or requirement of notice provided under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 1 contract

Samples: Indenture (Centerpoint Energy 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 of this Indenturehereof so long as any Security is Outstanding hereunder, an Officers’ Certificate (one of the signers of which shall be the principal executive as to each such officer, principal financial officer, or principal accounting officer ’s knowledge of the Company)’s compliance with all conditions, stating whether or not, not to the best knowledge of the signers, signer or signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 1 contract

Samples: Indenture (Prosperity Bancshares 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 first date any series of Securities issued under this IndentureIndenture is outstanding, an Officers’ Officer’s Certificate (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, not to the best knowledge of the signers, 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 under this Indenturehereunder) and, if the Company shall be is in default, specifying all such defaults and their the nature and status thereof of which they such Person may have such knowledge. The Company will shall deliver to the Trustee written notice Trustee, as soon as possible and in any event within five days after the Company becomes aware of the occurrence of any Event of Default within ten Business Days or Default, an Officers’ Certificate setting forth the details of the Company becoming aware of any such Event of DefaultDefault or default and the action which the Company proposes to take with respect thereto.

Appears in 1 contract

Samples: Indenture (Lexmark International Inc /Ky/)

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 of this Indenturehereof, an Officers' Certificate (one of the signers of which shall be the Company's principal executive officerexecutive, principal financial officer, or principal accounting officer of the Companyofficer), stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 1 contract

Samples: Indenture (Medarex 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 of this Indenturehereof, an Officers' Certificate (one of the signers of which shall be signed by the principal executive officer, principal financial officer, or principal accounting officer of the Company), Company stating whether or not, not to the best knowledge of the signers, 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 under this Indenturehereunder) and, if the Company shall be is in default, specifying all such defaults and their the nature and status thereof of which they such person may have such knowledge. The Company will shall deliver to the Trustee written notice Trustee, as soon as possible and in any event within five days after the Company becomes aware of the occurrence of any Event of Default within ten Business Days or an event which, with notice or the lapse of the Company becoming aware of any such time or both, would constitute an Event of Default.of

Appears in 1 contract

Samples: Indenture (Home Depot 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 of this Indenturehereof, an Officers' Certificate (one of the signers of which shall be the principal executive officer, principal financial officer, officer or principal accounting officer of the Company), stating whether or not, not to the best knowledge of the signers, signers thereof the Company is is, or was during the preceding year, 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 under this Indenturehereunder) and, if the Company shall be or shall have been in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 1 contract

Samples: Indenture (Mego Mortgage 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 beginning with the date of this Indenturefiscal year ended December 31, 1996, an Officers' Certificate (one of the signers of which shall be the principal executive officer, principal financial officer, officer or principal accounting officer of the Company), stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 1 contract

Samples: Trust Agreement (Usf&g 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 of this Indenturehereof, an Officers’ a Certificate (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, not to the best knowledge of the signers, signer thereof the Company is in default in the performance and observance obser vance of any of the terms, provisions, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided under this Indenture) andthxx Xxxxxxxxe, and if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will shall deliver to the Trustee written notice Trustee, as soon as possible and in any event within five days after the Company becomes aware of the occurrence of any Event of Default within ten Business Days or Default, an Officers' Certificate setting forth the details of the Company becoming aware of any such Event of DefaultDefault or Default and the action which the Company proposes to take with respect thereto.

Appears in 1 contract

Samples: Indenture (Kmart Corp)

Statement by Officers as to Default. The Company will deliver to the TrusteeTrustee and the Paying Agent, within 120 calendar days after the end of each fiscal year of the Company ending after the first date any series of Securities issued under this IndentureIndenture is outstanding, an Officers’ Officer’s Certificate (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, not to the best knowledge of the signers, 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 under this Indenturehereunder) and, if the Company shall be is in default, specifying all such defaults and their the nature and status thereof of which they such Person may have such knowledge. The Company will shall deliver to the Trustee written notice and the Paying Agent, as soon as possible and in any event within five days after the Company becomes aware of the occurrence of any Event of Default within ten Business Days or Default, an Officer’s Certificate setting forth the details of the Company becoming aware of any such Event of DefaultDefault or default and the action which the Company proposes to take with respect thereto.

Appears in 1 contract

Samples: Indenture (Lexmark International Inc /Ky/)

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 of this Indenturehereof, an Officers’ Certificate (Certificate, one of the signers of which shall be the principal executive officer, principal financial officer, officer or principal accounting officer of the Company), Company stating whether or not, not to the best knowledge of the signers, signers thereof 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 under this Indenturehereunder) and, if the Company shall be in default, specifying all such defaults and their the nature and status thereof of which they may have knowledge. The Company will deliver to the Trustee written notice of the occurrence of any Event of Default within ten Business Days of the Company becoming aware of any such Event of Default.

Appears in 1 contract

Samples: Indenture (Medicinova Inc)

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