Common use of Subsequent Delivery of Officers' Certificates Clause in Contracts

Subsequent Delivery of Officers' Certificates. The Company agrees that during each Marketing Period, each time that the Registration Statement or any Prospectus shall be amended or supplemented (other than by a Pricing Supplement providing solely for the interest rates or maturities of the Notes or the principal amount of Notes remaining to be sold or similar changes), each time the Company sells Notes to an Agent as principal and the applicable Purchase Agreement specifies the delivery of an officers' certificate under this Section 6(b) as a condition to the purchase of Notes pursuant to such Purchase Agreement or the Company files with the Commission any document incorporated by reference into any Prospectus, the Company shall submit to the Agents a certificate, (i) as of the date of such amendment, supplement, Time of Delivery relating to such sale or filing or (ii) if such amendment, supplement or filing was not filed during a Marketing Period, as of the first day of the next succeeding Marketing Period, representing that the statements contained in the certificate referred to in Section 5(f) hereof which was last furnished to the Agents are true and correct at the time of such amendment, supplement or filing, as the case may be, as though made at and as of such time (except that such statements shall be deemed to relate to the Registration Statement and each Prospectus as amended and supplemented to such time).

Appears in 6 contracts

Samples: Distribution Agreement (Ikon Office Solutions Inc), Distribution Agreement (Alco Capital Resource Inc), Distribution Agreement (Manor Care Inc/New)

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Subsequent Delivery of Officers' Certificates. The Company agrees that during each Marketing PeriodPeriod (unless a suspension shall be in effect under Section 2(b)), each time that the Registration Statement or any Prospectus shall be amended or supplemented (other than by a Pricing Supplement providing solely for the interest rates or maturities of the Notes or the principal amount of Notes remaining to be sold or similar changeschanges and other than an amendment or supplement relating exclusively to an offering of debt securities other than Notes), each time the Company sells Notes to an Agent as principal and the applicable Purchase Agreement specifies the delivery of an officers' certificate under this Section 6(b) as a condition to the purchase of Notes pursuant to such Purchase Agreement or the Company files with the Commission any document incorporated by reference into any Prospectus, the Company shall submit to the Agents a certificate, (i) as of the date of such amendment, supplement, Time of Delivery relating to such sale or filing or (ii) if such amendment, supplement or filing was not filed during a Marketing Period, as of the first day of the next succeeding Marketing PeriodPeriod (unless a suspension shall be in effect under Section 2(b)), representing that the statements contained in the certificate referred to in Section 5(f) hereof which was last furnished to the Agents are true and correct at the time of such amendment, supplement or filing, as the case may be, as though made at and as of such time (except that such statements shall be deemed to relate to the Registration Statement and each Prospectus as amended and supplemented to such time).

Appears in 1 contract

Samples: Distribution Agreement (Polaroid Corp)

Subsequent Delivery of Officers' Certificates. The Company Xxxxxxx Kodak agrees that during each Marketing Period, each time that the Registration Statement or any the Prospectus shall be amended or supplemented (other than by a Pricing Supplement providing pricing supplement or an amendment or supplement relating solely for to an offering of securities other than the interest rates or maturities of the Notes or the principal amount of Notes remaining to be sold or similar changesNotes), each time the Company Xxxxxxx Kodak sells Notes to an Agent as principal and the applicable Purchase Agreement specifies the delivery of an officers' certificate under this Section 6(b) as a condition to the purchase of Notes pursuant to such Purchase Agreement Agreement, or the Company Xxxxxxx Kodak files with the Commission SEC any document incorporated by reference into any the Prospectus, the Company Xxxxxxx Kodak shall submit to the Agents a certificate, (i) as of the date of such amendment, supplement, Time time of Delivery delivery relating to such sale sale, or filing or (ii) if such amendment, supplement or filing was not filed during a Marketing Period, as of the first day of the next succeeding Marketing Period, representing that the statements contained in the certificate referred to in Section 5(f5(e) hereof which was last furnished to the Agents are true and correct at the time of such amendment, supplement or filing, as the case may be, as though made at and as of such time (except that such statements shall be deemed to relate to the Registration Statement and each the Prospectus as amended and supplemented to such time); and such other certificates as the Agents may reasonably request.

Appears in 1 contract

Samples: Distribution Agreement (Eastman Kodak Co)

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Subsequent Delivery of Officers' Certificates. The Company agrees that during each Marketing Period, each time that the Registration Statement or any Prospectus shall be amended or supplemented (other than by a Pricing Supplement providing solely for the interest rates or maturities of the Notes or the principal amount of Notes remaining to be sold or similar changes)supplemented, each time the Company sells Notes to (i) files an Agent as principal and annual report on Form 20-F under the applicable Purchase Agreement specifies Exchange Act or (ii) files a current report on Form 6-K under the delivery of an officers' certificate under this Section 6(b) as a condition to the purchase of Notes pursuant to such Purchase Agreement or the Company files with the Commission any document incorporated by reference into any ProspectusExchange Act, the Company shall submit to the Agents Agent (only if requested by the Agent) a certificate, certificate (iy) as of the date of such amendment, supplement, Time of Delivery relating to such sale or filing or (iiz) if such amendment, supplement or filing was not filed during a Marketing Period, as of the first day of the next succeeding Marketing Period, representing that the statements contained in the certificate referred to in Section 5(f5(e) hereof which was last furnished to the Agents Agent are true and correct at the time of such amendment, supplement or filing, as the case may be, as though made at and as of such time (except that such statements shall be deemed to relate to the Registration Statement and each Prospectus as amended and supplemented to such time).

Appears in 1 contract

Samples: Placement Agency Agreement (Madge Networks Nv)

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