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 which shall comply with the provisions of Section 314 of the Trust Indenture Act, stating whether or not to the knowledge of the signers thereof any 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) occurred during the previous fiscal year, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 12 contracts
Samples: Indenture (Cisco Systems 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 after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture ActCertificate, stating whether or not to the knowledge of the signers thereof any 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) occurred during and, if the previous fiscal yearCompany shall be in Default, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 7 contracts
Samples: Indenture (Oscient Pharmaceuticals Corp), Indenture (Oscient Pharmaceuticals Corp), Indenture (Oscient Pharmaceuticals Corp)
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 which shall comply with the provisions of Section 314 of the Trust Indenture ActCompany and one of the two Officers signing must be the Company’s principal executive officer, principal financial officer or principal accounting officer, stating whether or not not, to the best knowledge of such Officer, the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they such Officer may have knowledge. The Company shall deliver to the 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 or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Officer’s Certificate setting forth the details of such Default or Event of Default or default Default, its status and the action actions which the Company is taking or proposes to take with respect thereto.
Appears in 7 contracts
Samples: Indenture (BrightView Holdings, Inc.), Indenture (BrightView Holdings, Inc.), Indenture (Lument Finance Trust, 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 which shall comply with the provisions of Section 314 of the Trust Indenture Act' Certificate, stating whether or not to the best knowledge of the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 five days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ ' Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 6 contracts
Samples: Indenture (Liquid Media Group Ltd.), Senior Indenture (Amerco /Nv/), Indenture (Associated Banc-Corp)
Statement by Officers as to Default. (a) The Company will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture Act' Certificate, stating whether or not to the best knowledge of the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. .
(b) The Company shall deliver to the Trustee, as soon as possible and in any event within 30 five days after the Company becomes aware or should reasonably become aware of the occurrence of any an Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ ' Certificate setting forth the details of such Event of Default or default default, and the action which the Company is taking or proposes to take with respect thereto.
Appears in 6 contracts
Samples: Senior Indenture (South Financial Group Inc), Senior Indenture (Newfield Exploration Co /De/), Senior Indenture (Forest Oil 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 which shall comply with the provisions of Section 314 of the Trust Indenture Act' Certificate, stating whether or not to the best knowledge of the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 10 days after the Company becomes aware of the occurrence of any an Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ ' Certificate setting forth the details of such Event of Default or default default, and the action which the Company is taking or proposes to take with respect thereto.
Appears in 5 contracts
Samples: Indenture (Interim Services Inc), Indenture (Tech Data Corp), Indenture (Cuc International Inc /De/)
Statement by Officers as to Default. The Company will shall deliver to the Trustee, within 120 90 days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture Act' Certificate, stating whether or not to the knowledge of the signers thereof any 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) occurred during and, if the previous fiscal yearCompany shall be in Default, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 five days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ ' Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 4 contracts
Samples: Indenture (Minefinders Corp Ltd.), Indenture (Minefinders Corp Ltd.), Indenture (Minefinders Corp 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 which shall comply with the provisions of Section 314 of the Trust Indenture ActCertificate, stating whether or not to the best knowledge of the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The Company shall will deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 4 contracts
Samples: Indenture (Embraer S.A.), Indenture (Embraer Netherlands Finance B.V.), Indenture (Embraer S.A.)
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 which shall comply with the provisions of Section 314 of the Trust Indenture ActCertificate, stating whether or not to the knowledge of the signers thereof any 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) occurred during and, if the previous fiscal yearCompany shall be in Default, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 five days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 3 contracts
Samples: Indenture (Mercury Interactive Corporation), Indenture (Sohu Com Inc), Indenture (Yahoo Inc)
Statement by Officers as to Default. The Company will shall deliver to the Trustee, within 120 90 days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture ActCertificate, stating whether or not to the knowledge of the signers thereof any 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) occurred during and, if the previous fiscal yearCompany shall be in Default, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 five days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 3 contracts
Samples: Indenture (Endeavour Silver Corp), Indenture (Endeavour Silver Corp), Indenture (JDS Uniphase Corp /Ca/)
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 which shall comply with the provisions of Section 314 of the Trust Indenture ActCertificate, stating whether or not to the best knowledge of the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 five days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 3 contracts
Samples: Indenture (Meta Financial Group Inc), Indenture Agreement (Finjan Holdings, Inc.), Indenture (Meta 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 and within 45 days after the date hereofend of each of the first, second and third quarters of each fiscal year of the Company, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture Act' Certificate, stating whether or not to the best knowledge of the signers thereof any Default (one of whom shall be the principal executive officer, the principal financial officer or the principal accounting officer of the Company) 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) occurred during ), and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The In addition, the Company shall deliver to the Trustee, as soon as possible and in forthwith upon any event within 30 days after the Company becomes of its officers becoming aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ ' Certificate setting forth the details of specifying such Default or Event of Default or default and the what action which the Company is taking or proposes to take with respect thereto.
Appears in 3 contracts
Samples: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co), Indenture (Callon Petroleum 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 which shall comply with the provisions of Section 314 of the Trust Indenture Act' Certificate, stating whether or not to the knowledge of the signers thereof any 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) occurred during and, if the previous fiscal yearCompany shall be in Default, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ ' Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 3 contracts
Samples: Indenture (Affymetrix Inc), Indenture (AFG Enterprises USA, Inc.), Indenture (Cadence Design Systems 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 which shall comply with the provisions of Section 314 of the Trust Indenture ActCertificate, stating whether or not to the knowledge of the signers thereof any the Company or the Guarantor 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) occurred during and, if the previous fiscal yearCompany or the Guarantor shall be in Default, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall provide prompt written notice to the Trustee in the event that the Company’s fiscal year end is no longer December 31. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 2 contracts
Samples: Indenture (Oscient Pharmaceuticals Corp), Indenture (Guardian II Acquisition 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 which shall comply with the provisions of Section 314 of the Trust Indenture ActCertificate, stating whether or not to the knowledge of the signers thereof any 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) occurred during and, if the previous fiscal yearCompany shall be in Default, specifying all such Defaults and the nature and status thereof of which they such Officers may have knowledge. The Company shall deliver to the TrusteeTrustee promptly, as soon as possible and in any event within 30 days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 2 contracts
Samples: Indenture (Vector Group LTD), Indenture (Vector Group LTD)
Statement by Officers as to Default. The Company will shall deliver to the Trustee and the Co-Trustee, within 120 90 days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture ActCertificate, stating whether or not to the knowledge of the signers thereof any 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) occurred during and, if the previous fiscal yearCompany shall be in Default, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee and the Co-Trustee, as soon as possible and in any event within 30 five days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 2 contracts
Samples: Indenture (Biovail Corp International), Indenture (Biovail Corp International)
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 hereofIssue Date, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture Act, stating whether or not to the knowledge of the signers thereof any 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) that occurred during the previous fiscal year, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 calendar days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 2 contracts
Samples: Indenture (Seagate Technology HDD Holdings), Indenture (Seagate Technology)
Statement by Officers as to Default. The Company Issuer will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company Issuer ending after the date hereof, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture Act' Certificate, stating whether or not not, to the best knowledge of the signers thereof any Default thereof, the Issuer 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) occurred during and, if the previous fiscal yearIssuer shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 fiifteen days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ ' Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 2 contracts
Samples: Indenture of Trust (Tortoise North American Energy Corp), Indenture of Trust (Tortoise Energy Capital Corp)
Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days after the end on or before October 15 of each fiscal calendar year, or on or before such other day in each calendar year of as the Company ending after and the date hereofTrustee may from time to time agree upon, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture ActOfficer's Certificate, stating whether or not to the best knowledge of the signers signer thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they such officer may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 five days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ ' Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 2 contracts
Samples: Senior Indenture (Maverick Tube Corporation), Senior Indenture (Maverick Tube Corporation)
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 which shall comply with the provisions of Section 314 of the Trust Indenture ActCertificate, stating whether or not to the knowledge of the signers thereof any 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) occurred during and, if the previous fiscal yearCompany shall be in Default, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall promptly deliver to the Trustee, as soon as possible Trustee and in any event within 30 days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 2 contracts
Samples: Indenture (Vector Group LTD), Indenture (Vector Group LTD)
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 which shall comply with the provisions of Section 314 of the Trust Indenture ActOfficer’s Certificate, stating whether or not to the best knowledge of the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 15 days after the Company becomes aware of the occurrence of any that a default or an Event of Default Default, or an event whichthat, with notice or the lapse of time or both, would constitute an Event of Default, as the case may be, has occurred and is continuing, an Officers’ Officer’s Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 2 contracts
Samples: Indenture (America Movil Sab De Cv/), Indenture (Mobile Radio Dipsa)
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 which shall comply with the provisions of Section 314 of the Trust Indenture Act, stating whether or not to the knowledge of the signers thereof any 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) occurred during the previous fiscal year, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Officer’s Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 2 contracts
Samples: Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems, 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 which shall comply with the provisions of Section 314 of the Trust Indenture Act' Certificate, stating whether or not to the best knowledge of the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The Company shall will deliver to the Trustee, as soon as possible and in any event within 30 15 days after the Company becomes aware of the occurrence of any Event of Default or Illegality Event or an event which, with notice or the lapse of time or both, would constitute an Event of DefaultDefault or Illegality Event, an Officers’ ' Certificate setting forth the details of such Event of Default or Illegality Event or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 1 contract
Samples: Indenture (Vale Overseas 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 which shall comply with the provisions of Section 314 of the Trust Indenture Act' Certificate, stating whether or not to the knowledge of the signers thereof any 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) occurred during and, if the previous fiscal yearCompany shall be in Default, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ ' Certificate setting forth the details of such Event of Default or default event and the action which the Company is taking or proposes to take with in respect theretothereof.
Appears in 1 contract
Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days after the end on or before October 15 of each fiscal calendar year of or on or before such other day in each calendar year as the Company ending after and the date hereofTrustee may from time to time agree upon, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture ActOfficer's Certificate, stating whether or not to the best knowledge of the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 five days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ ' Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 1 contract
Statement by Officers as to Default. The Company will shall deliver to the Trustee and the Co-Trustee, within 120 90 days after the end of each fiscal year (currently ending on December 31) of the Company ending after the date hereof, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture Act' Certificate, stating whether or not to the knowledge of the signers thereof any 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) occurred during and, if the previous fiscal yearCompany shall be in Default, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee and the Co-Trustee, as soon as possible and in any event within 30 five days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ ' Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 1 contract
Samples: Indenture (Jaguar Mining Inc)
Statement by Officers as to Default. The Company Corporation will deliver to the Trustee, within 120 days after the end on or before October 15 of each fiscal calendar year of or on or before such other day in each calendar year as the Company ending after Corporation and the date hereofTrustee may from time to time agree upon, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture ActOfficer's Certificate, stating whether or not to the best knowledge of the signers thereof any Default the 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) occurred during and, if the previous fiscal yearCorporation shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The Company Corporation shall deliver to the Trustee, as soon as possible and in any event within 30 five days after the Company Corporation becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ ' Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or Corporation proposes to take with respect thereto.
Appears in 1 contract
Statement by Officers as to Default. The Company Issuer of Outstanding Securities will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company Issuer ending after the date hereof, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture ActOfficer's Certificate, stating whether or not to the best knowledge of the signers thereof any Default the Issuer 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) occurred during and, if the previous fiscal yearIssuer shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The Company Issuer shall deliver to the Trustee, as soon as possible and in any event within 30 ten days after the Company Issuer becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ ' Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or Issuer proposes to take with respect thereto.
Appears in 1 contract
Samples: Indenture (Deutsche Telekom Ag)
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 which shall comply with the provisions of Section 314 of the Trust Indenture ActCertificate, stating whether or not to the knowledge of the signers thereof any 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) occurred during and, if the previous fiscal yearCompany shall be in Default, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 1 contract
Samples: Indenture (Flir Systems 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 hereofany series of Securities issued under this Indenture is outstanding, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture Act, stating whether or not to the knowledge of such person after due inquiry the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany is in default, specifying all such Defaults defaults and the nature and status thereof of which they such person may have such knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 five days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 1 contract
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 Officersofficers’ Certificate which shall comply with certificate, signed by either the provisions of Section 314 of the Trust Indenture ActCompany’s principal executive officer, principal financial officer or principal accounting officer stating whether or not to the best knowledge of the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 1 contract
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 which shall comply with covering the provisions of Section 314 of the Trust Indenture Actpreceding calendar year, stating whether or not to the best knowledge of the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. Such Officers' Certificate shall also comply with Section 314(a)(4) of the Trust Indenture Act. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 1 contract
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 which shall comply with the provisions of Section 314 of the Trust Indenture ActOfficer’s Certificate, stating whether or not to the best knowledge of the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event Trustee within 30 thirty (30) days after the Company becomes of becoming aware of the occurrence any default or event of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Defaultdefault under this Indenture, an Officers’ Officer’s Certificate setting forth the details specifying such default or event of such Event of Default or default and the what action which the Company is taking or proposes to take with respect thereto. The Trustee shall not be deemed to have knowledge of a such default or event of default unless one of its Responsible Officers receives notice of the Event of Default from the Company or any of the Holders.
Appears in 1 contract
Samples: Indenture (Newmont Usa LTD)
Statement by Officers as to Default. The Company will shall deliver to the Trustee and the Co-Trustee, within 120 90 days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture Act' Certificate, stating whether or not to the knowledge of the signers thereof any 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) occurred during and, if the previous fiscal yearCompany shall be in Default, specifying all such Defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee and the Co-Trustee, as soon as possible and in any event within 30 five days after the Company becomes aware of the occurrence of any Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ ' Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 1 contract
Samples: Indenture (Jaguar Mining 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 (which ends on December 31st) ending after the date hereofof this Indenture, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture ActOfficer’s Certificate, stating whether or not to the best knowledge of the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the Trustee, as soon as possible and in any event within 30 15 days after the Company any Senior Executive Officer becomes aware of the occurrence of any an Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Officer’s Certificate setting forth the details of such Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 1 contract
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 which shall comply with covering the provisions of Section 314 of the Trust Indenture Actpreceding calendar year, stating whether or not to the best knowledge of the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they may have knowledge. The Company shall deliver to the 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 or an event which, with notice or the lapse of time or both, would constitute a Default or an Event of Default, an Officers’ Certificate setting forth the details of such Default or Event of Default or default and the action which the Company is taking or proposes to take with respect thereto.
Appears in 1 contract
Samples: Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.)
Statement by Officers as to Default. (a) The Company will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate which shall comply with the provisions of Section 314 of the Trust Indenture ActCertificate, stating whether or not to the best knowledge of the signers thereof any Default 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) occurred during and, if the previous fiscal yearCompany shall be in default, specifying all such Defaults defaults and the nature and status thereof of which they it may have knowledge. .
(b) The Company shall shall, so long as any series of Securities is Outstanding, deliver to the Trustee, as soon as possible and in any event within 30 five days after the Company becomes aware of the occurrence of any an Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details of such Event of Default or default default, and the action which the Company is taking or proposes to take with respect thereto.
Appears in 1 contract