Examples of Compliance and Pricing Certificate in a sentence
No "Accounting Changes" (as defined below) shall affect financial covenants, standards or terms in this Agreement; provided that Borrower shall prepare footnotes to each Compliance and Pricing Certificate and the financial statements required to be delivered hereunder that show the differences between the financial statements delivered (which reflect such Accounting Changes) and the basis for calculating financial covenant compliance (without reflecting such Accounting Changes).
Together with the delivery of each set of financial statements referenced in subparagraphs (A), (B) and (C) above, Borrowers will deliver to Collateral Agent and Lenders a Compliance and Pricing Certificate, together with copies of the calculations and work-up employed to determine Borrowers' compliance or noncompliance with the financial covenants set forth in the Financial Covenants Rider.
Precious metal values will be recovered into a flotation concentrate that may be sold in the open market.
Together with each delivery of Financial Statements of Holdings and its Subsidiaries pursuant to Sections 4.1(a) and (b), Borrower will deliver a fully and properly completed Compliance and Pricing Certificate (in substantially the same form as Exhibit 4.1(l) (the “Compliance and Pricing Certificate”) signed by Borrower’s chief executive officer or chief financial officer.
Together with each delivery of Financial Statements pursuant to Section 6.2(a) for the last month of each Fiscal Quarter and Section 6.2(b), Borrower Representative will deliver a fully and properly completed Compliance and Pricing Certificate (in substantially the same form as Annex F (the “Compliance and Pricing Certificate”) signed by Borrower Representative’s chief executive officer or chief financial officer.
Together with each delivery of Financial Statements of Holdings and its Subsidiaries pursuant to Sections 4.1 (a) and (b), Parent Borrower will deliver a fully and properly completed Compliance and Pricing Certificate (in substantially the same form as Exhibit 4.1(l) (the “Compliance and Pricing Certificate”) signed by Parent Borrower’s chief executive officer or chief financial officer.
For purposes of calculating financial covenants in accordance with the Compliance and Pricing Certificate, the amount of Indebtedness shall include the amount of any "earnouts" determined in accordance with GAAP.
Together with each delivery of Financial Statements of RPP USA and its Subsidiaries pursuant to Sections 4.1(a) and (b), Borrowers will deliver a fully and properly complete Compliance and Pricing Certificate (in substantially the same form as Exhibit 4.1(k) (the “Compliance and Pricing Certificate”) signed by Responsible Officer of US Borrower Representative.
Very truly yours, _______________________________________ Authorized Signer Name: Title: [Signature Page to Compliance and Pricing Certificate] Exhibit E Form of Revolving Note $30,000,000 New York, New York [_______ __], 2023 FOR VALUE RECEIVED, the undersigned, AVEPOINT, INC.
Date: , This Compliance and Pricing Certificate (this “Certificate”) is given by XXXX Rental, Inc.