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

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate 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)

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Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ 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 (Affymetrix Inc), Indenture (Oscient Pharmaceuticals Corp), Indenture (Oscient Pharmaceuticals 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 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: Liquid Media Group Ltd., Indenture (Associated Banc-Corp), Indenture (Associated Banc-Corp)

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 S.A.), Embraer S.A.

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 (5) 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 (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.), Indenture (DPW 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 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), Callon Petroleum Co

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), Endeavour Silver Corp, Indenture (JDS Uniphase Corp /Ca/)

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 (Sohu Com Inc), Indenture (Yahoo Inc), Indenture (Mercury Interactive 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 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: Affymetrix Inc, Cadence Design Systems Inc, AFG Enterprises USA, 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 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), Vector Group LTD

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: Indenture (Maverick Tube Corporation), 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 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 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: Vector Group LTD, 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 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: Tortoise North American Energy Corp, Tortoise Energy Capital Corp

Statement by Officers as to Default. The Company will deliver to the Trustee, within 120 calendar days after the end of each fiscal year of the Company ending after the date 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), Seagate Technology HDD Holdings

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 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 (Guardian II Acquisition CORP), Indenture (Oscient Pharmaceuticals 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 Upon the occurrence of any event which is, or after notice or lapse of time or both would become, an Event of Default, or if the Trustee or any Holder or the trustee for or the holder of any other evidence of Debt of the Company or any Subsidiary gives any notice or takes any other action with respect to a claimed default, the Company shall deliver to the TrusteeTrustee by registered or certified mail or by facsimile transmission an Officers' Certificate specifying such event, 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 other action within fifteen Business Days of time or both, would constitute an Event of Default, an Officers’ Certificate setting forth the details its notice of such Event of Default or default and the action which the Company is taking or proposes to take with respect theretodefault.

Appears in 1 contract

Samples: Credit Acceptance Corporation

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

Samples: Thomas Properties Group Inc

Statement by Officers as to Default. The Company will shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof, an OfficersofficersCertificate 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

Samples: Indenture (Oaktree Capital Group, LLC)

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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

Samples: Indenture (Beckman Coulter Inc)

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 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

Samples: Smith & Wesson Holding 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 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

Samples: Cullen/Frost Bankers, Inc.

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 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. 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

Samples: Indenture (Mexican Economic Development 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 1 contract

Samples: Flir 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 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 Default or Event of Default or an event which, with notice or the lapse of time or both, would constitute an a Default or 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: Liquid Media 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 (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 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 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

Samples: Indenture (Beckman Coulter 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 (5) 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 (Gabelli Asset Management Inc)

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