Common use of Certificate of Status Clause in Contracts

Certificate of Status. Within fifteen (15) days after the Bank’s written request, the Borrower shall provide a certificate of confirmation as to the current Obligations including, without limitation, confirmation (i) of the amounts outstanding under the Borrower Documents; (ii) if true, that no defenses, offsets, claims, or counterclaims exist to the punctual performance of all Obligations and the full payment of all amounts due under the Borrower Documents; (iii) if true, that the Borrower Documents are valid and enforceable in accordance with their terms, except as such enforceability may be limited by applicable bankruptcy, reorganization, moratorium, insolvency or other similar laws affecting the enforcement of creditors’ rights generally and except as limited by general equitable principles; (iv) if true, the Borrower Documents have not been modified or amended, either by express agreement, course of conduct, course of dealing, or otherwise; and (v) any other matter reasonably requested by the Bank. To the extent that Borrower cannot confirm the statements contained in clauses (ii), (iii) or (iv) above, it shall provide detailed information to the Bank describing the extent to which such statements are untrue. The failure of the Borrower to timely provide such a certificate or describe in detail the basis for any disagreement shall be conclusively binding upon the Borrower as establishing the validity and accuracy of any statements contained in the Bank’s written request therefor as of the date thereof.

Certificate of Status. Within fifteen (15) days after the Bank’s 's written request, the Borrower shall provide a certificate of confirmation as to the current Obligations including, without limitation, confirmation (i) of the amounts outstanding under the Borrower Documents; (ii) if true, that no defenses, offsets, claims, or counterclaims exist to the punctual performance of all Obligations and the full payment of all amounts due under the Borrower Documents; (iii) if true, that the Borrower Documents are valid and enforceable in accordance with their terms, except as such enforceability may be limited by applicable bankruptcy, reorganization, moratorium, insolvency or other similar laws affecting the enforcement of creditors’ ' rights generally and except as limited by general equitable principles; (iv) if true, the Borrower Documents have not been modified or amended, either by express agreement, course of conduct, course of dealing, or otherwise; and (v) any other matter reasonably requested by the Bank. To the extent that Borrower cannot confirm the statements contained in clauses (ii), (iii) or (iv) Exhibit 4.30 above, it shall provide detailed information to the Bank describing the extent to which such statements are untrue. The failure of the Borrower to timely provide such a certificate or describe in detail the basis for any disagreement shall be conclusively binding upon the Borrower as establishing the validity and accuracy of any statements contained in the Bank’s 's written request therefor as of the date thereof.