Common use of Statements by Officers Clause in Contracts

Statements by Officers. So long as any of the Securities are Outstanding, the Issuer and the Company shall deliver to the Trustee, within 120 days after the end of each fiscal year of the Issuer and the Company, a brief certificate from each of its principal executive, financial or accounting officer as to his or her knowledge of the compliance of the Issuer and the Guarantors with all conditions and covenants under this Indenture (such compliance to be determined without regard to any period of grace or requirement of notice provided under this Indenture) which certificate shall comply with the requirements of TIA § 314(a)(4). Subject to applicable Trust Indenture Laws, the delivery of such reports, information and documents to the Trustee shall be for informational purposes only and any Trustee’s receipt of such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Trustee are entitled to rely exclusively on an Officer’s Certificate). The trustee shall not be obligated to monitor or confirm, on a continuing basis or otherwise, our compliance with the covenants or with respect to any reports or other documents filed with any required governmental agency under applicable law, or its website under this Indenture, or participate in any conference calls.

Statements by Officers. So long as any of the Securities are Outstanding, the Issuer and the Company Partnership shall deliver to the TrusteeTrustees, within 120 days after the end of each fiscal year of the Issuer and the CompanyPartnership, a brief certificate from each of its principal executive, financial or accounting officer as to his or her knowledge of the compliance of the Issuer and the Guarantors with all conditions and covenants under this Indenture (such compliance to be determined without regard to any period of grace or requirement of notice provided under this Indenture) which certificate shall comply with the requirements of TIA § 314(a)(4). Subject to applicable Trust Indenture Laws, the delivery of such reports, information and documents to the Trustee Trustees shall be for informational purposes only and any Trustee’s receipt of such reports, information and documents shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Trustee Trustees are entitled to rely exclusively on an Officer’s Certificate). The trustee Trustees shall not be obligated to monitor or confirm, on a continuing basis or otherwise, our the Issuer’s compliance with the covenants under this Indenture or with respect to any reports or other documents filed with any required governmental agency under applicable law, or its website under this Indenturewebsite, or participate in any conference calls.