Common use of STATEMENTS AS TO DEFAULT Clause in Contracts

STATEMENTS AS TO DEFAULT. (a) The Corporation will deliver to the Trustee annually, within 120 days after the end of each of its fiscal years, a certificate, from its principal executive officer, principal financial officer or principal accounting officer, stating whether or not to the best knowledge of the signer thereof the Corporation is in compliance (without regard to periods of grace or notice requirements) with all conditions and covenants under this Indenture, and if the Corporation shall not be in compliance, specifying such non-compliance and the nature and status thereof of which such signer may have knowledge. (b) The Corporation shall deliver to the Trustee, as soon as possible and in any event within five days after the 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 Corporation proposes to take with respect thereto.

Appears in 10 contracts

Samples: Indenture (Apab Capital Trust I), Indenture (American Community Bancshares Inc), Indenture (Metropolitan Capital Trust Ii)

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STATEMENTS AS TO DEFAULT. (a) The Corporation Company will deliver to the Trustee annually, within 120 days after the end of each of its fiscal years, a certificate, from its principal executive officer, principal financial officer or principal accounting officer, stating whether or not to the best knowledge of the signer thereof the Corporation Company is in compliance (without regard to periods of grace or notice requirements) with all conditions and covenants under this Indenture, and if the Corporation Company shall not be in compliance, specifying such non-compliance and the nature and status thereof of which such signer may have knowledge. (b) The Corporation Company shall deliver to the Trustee, as soon as possible and in any event within five days after the Corporation 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 Corporation Company proposes to take with respect thereto.

Appears in 6 contracts

Samples: Indenture (American Bancorporation Capital Trust I), Indenture (Bankunited Capital Iii), Indenture (Bankunited Capital Iii)

STATEMENTS AS TO DEFAULT. (a) The Corporation will Company shall deliver to the Trustee annually, within 120 days after the end of each of its fiscal years, a certificate, from its principal executive officer, principal financial officer or principal accounting officer, stating whether or not to the best knowledge of the signer thereof the Corporation Company is in compliance (without regard to periods of grace or notice requirements) with all conditions and covenants under this Indenture, and if the Corporation Company shall not be in compliance, specifying such non-compliance and the nature and status thereof of which such signer may have knowledge. (b) The Corporation Company shall deliver to the Trustee, as soon as possible and in any event within five days after the Corporation 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 Corporation Company proposes to take with respect thereto.

Appears in 1 contract

Samples: Indenture (Southside Capital Trust I)

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STATEMENTS AS TO DEFAULT. (a) The Corporation Company will deliver to the Trustee annually, within 120 days after the end of each of its fiscal yearsyears commencing April 30, 1998, a certificate, from its principal executive officer, principal financial officer or principal accounting officer, stating whether or not to the best knowledge of the signer thereof the Corporation Company is in compliance (without regard to periods of grace or notice requirements) with all conditions and covenants under this Indenture, and if the Corporation Company shall not be in compliance, specifying such non-compliance and the nature and status thereof of which such signer may have knowledge. (b) The Corporation Company shall deliver to the Trustee, as soon as possible and in any event within five days after the Corporation 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 Corporation Company proposes to take with respect thereto.

Appears in 1 contract

Samples: Indenture (Fidelity Capital Trust I)

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