Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Banks pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer or other Authorized Officer of the Borrower, in the form of Exhibit 8.3.3, to the effect that, except as described pursuant to Section 8.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 8.2 [Negative Covenants].
Appears in 1 contract
Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Banks Lenders pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer or other Authorized Officer of the Borrower, in the form of Exhibit 8.3.3, to the effect that, except as described pursuant to Section 8.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 6.1 [Representations and Warranties] and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 8.2 [Negative Covenants].
Appears in 1 contract
Sources: Revolving Credit Facility (Federated Investors Inc /Pa/)
Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Banks Lenders pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each a “"Compliance Certificate”") of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer or other Authorized Officer of the Borrower, in the form of Exhibit 8.3.3, to the effect that, except as described pursuant to Section 8.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 6.1 [Representations and Warranties] and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 8.2 [Negative Covenants].
Appears in 1 contract
Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Banks Lenders pursuant to Sections 8.3.1 Section 7.03(a) [Quarterly Financial Statements] and 8.3.2 Section 7.03(b) [Annual Financial Statements], a certificate (each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer or other Authorized Officer of the Borrower, in the form of Exhibit 8.3.37.03(C), to the effect that, except as described pursuant to Section 8.3.4 7.03(d) [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 Article V and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with the limitations on Unrestricted Subsidiaries set forth at Section 7.02(h)(iii) and with all financial covenants contained in Section 8.2 7.02 [Negative Covenants].
Appears in 1 contract
Sources: Credit Agreement (Too, Inc.)
Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Banks pursuant to Sections 8.3.1 7.3.1 [Quarterly Financial Statements] and 8.3.2 7.3.2 [Annual Financial Statements], a certificate (each a “"Compliance Certificate”") of the Borrower signed by the President or Chief Executive Financial Officer, President, Chief Financial Officer Treasurer or other Authorized Officer Assistant Treasurer of the Borrower, in the form of Exhibit 8.3.3EXHIBIT 7.3.3, to the effect that, except as described pursuant to Section 8.3.4 7.3.5 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 5.1 and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 8.2 7.2 [Negative Covenants].
Appears in 1 contract
Sources: Credit Agreement (Blair Corp)
Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Banks pursuant to Sections 8.3.1 7.3.1 [Quarterly Financial Statements] and 8.3.2 7.3.2 [Annual Financial Statements], a certificate (each a “"Compliance Certificate”") of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer or other Authorized Officer of the Borrower, in the form of Exhibit 8.3.37.3.3, to the effect that, except as described pursuant to Section 8.3.4 7.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 and in the other Loan Documents are true in all material respects on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 8.2 7.2 [Negative Covenants].
Appears in 1 contract
Sources: Senior Multi Currency Revolving Credit Facility (Viasys Healthcare Inc)
Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Agent and to the Banks Lenders pursuant to Sections 8.3.1 Section 7.03(a) [Quarterly Financial Statements] and 8.3.2 Section 7.03(b) [Annual Financial Statements], a certificate (each a “"Compliance Certificate”") of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer or other Authorized Officer of the Borrower, in the form of Exhibit 8.3.37.03(C), to the effect that, except as described pursuant to Section 8.3.4 7.03(d) [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 Article V and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 8.2 7.02 [Negative Covenants].
Appears in 1 contract
Sources: Credit Agreement (Too Inc)