Certificate of No Default. Borrower shall, on a quarterly basis not later than forty (40) days after the close of each of its first eleven Fiscal Months and not later than ninety (90) days after the close of its Fiscal Year, certify to Lender, in a statement executed by a duly authorized officer of Borrower in the form of Exhibit "D" attached hereto, that no Event of Default and no Default Condition exists or has occurred, or, if an Event of Default or Default Condition exists or has occurred, specifying the nature and period of existence thereof. Such certificate shall also set forth, in reasonable detail, compliance with all financial covenants set forth in Article XII hereof for the immediately preceding Fiscal Month or Fiscal Quarter, as applicable.
Appears in 3 contracts
Sources: Loan and Security Agreement (Headhunter Net Inc), Loan and Security Agreement (Headhunter Net Inc), Loan and Security Agreement (Headhunter Net Inc)
Certificate of No Default. Borrower shall, on a quarterly monthly ----------------------------- basis not later than forty twenty-five (4025) days after the close of each of its first eleven Fiscal Months and not later than ninety (90) days after the close of its Fiscal Year, certify to Lender, in a statement executed by a duly authorized officer of Borrower in the form of Exhibit "DC" attached hereto, that no Event of ----------- Default and no Default Condition exists or has occurred, or, if an Event of Default or Default Condition exists or has occurred, specifying the nature and period of existence thereof. Such certificate shall also set forth, in reasonable detail, compliance with all financial covenants set forth in Article XII hereof Supplement A for the immediately preceding Fiscal Month or Fiscal Quarter, as ------------- applicable.
Appears in 2 contracts
Sources: Loan and Security Agreement (Concurrent Computer Corp/De), Loan and Security Agreement (Concurrent Computer Corp/De)
Certificate of No Default. Borrower shall, on a quarterly basis basis, not later than forty forty-five (4045) days after the close of each of its first eleven Fiscal Months and Quarters, and, on an annual basis, not later than ninety one hundred twenty (90120) days after the close of its Fiscal Year, certify to Lender, in a statement executed by a duly authorized the chief financial officer of the U.S. Borrower in the form of Exhibit "D" F attached hereto, that no Event of Default and no Default Condition exists or has occurred, or, if an Event of Default or Default Condition exists or has occurred, specifying the nature and period of existence thereof. Such Each quarterly and annual certificate shall also set forth, in reasonable detail, compliance with all financial covenants set forth in Article XII hereof 6 for the immediately preceding Fiscal Month or Fiscal Quarter, as applicable.
Appears in 1 contract
Sources: Loan Agreement (Immucor Inc)