Common use of Certificate to Trustee Clause in Contracts

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 48 contracts

Sources: Indenture (Southern Heritage Bancorp Inc), Indenture (ACA Capital Holdings Inc), Indenture (Penn America Group Inc)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.. A form of this Certificate is attached hereto as Exhibit B.

Appears in 8 contracts

Sources: Indenture (MortgageIT Holdings, Inc.), Indenture (Temecula Valley Bancorp Inc), Indenture (First Banctrust Corp)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year in each year, so long as Debentures Debt Securities of any series are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 8 contracts

Sources: Indenture (Union Planters Corp), Indenture (Marshall & Ilsley Corp/Wi/), Indenture (Mercantile Capital Trust I)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default Default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default Default and, if so, specifying each such default Default of which the signers have knowledge and the nature and status thereof.

Appears in 6 contracts

Sources: Indenture (James River Group, INC), Indenture (CastlePoint Holdings, Ltd.), Indenture (Odyssey Re Holdings Corp)

Certificate to Trustee. The Company will deliver to the ---------------------- Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.. A form of this Certificate is attached hereto as Exhibit B. ---------

Appears in 5 contracts

Sources: Indenture (First Banks, Inc), Indenture (First Banks, Inc), Indenture (First Banks Inc)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status states thereof.

Appears in 5 contracts

Sources: Indenture (Tib Financial Corp.), Indenture (Usb Holding Co Inc), Indenture (Bnccorp Inc)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year in each year, so long as Debentures Securities of any series are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 5 contracts

Sources: Indenture (Citicorp), Indenture (Countrywide Capital Ii), Indenture (Nb Capital Trust I)

Certificate to Trustee. The Company will deliver to the ------------------------ Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 5 contracts

Sources: Indenture (Florida Banks Inc), Indenture (Intervest Bancshares Corp), Indenture (Intervest Bancshares Corp)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures Debt Securities are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants of the Company contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 4 contracts

Sources: Indenture (Tib Financial Corp.), Employment Agreement (Columbia Bancorp \Or\), Indenture (QCR Holdings Inc)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures Debt Securities are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status states thereof.

Appears in 3 contracts

Sources: Indenture (Tib Financial Corp.), Indenture (First Community Bancorp /Ca/), Indenture (Home Bancshares Inc)

Certificate to Trustee. The Company will deliver to the ---------------------- Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 2 contracts

Sources: Indenture (Alabama National Bancorporation), Indenture (New South Bancshares Inc)

Certificate to Trustee. The Company will deliver to ------------------------ the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 1 contract

Sources: Indenture (Gateway Bancshares Inc /Ga/)

Certificate to Trustee. The Company will deliver to the ----------------------- Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.. A form of this Certificate is attached hereto as Exhibit B.

Appears in 1 contract

Sources: Indenture (Parke Bancorp, Inc.)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such Form 10.Exhibit 4.1 default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 1 contract

Sources: Indenture (Southwest Community Bancorp)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures Securities of any series are outstanding hereunder, a an Officers' Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 1 contract

Sources: Indenture (Interpool Inc)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.. A form of this Certificate is attached hereto as Exhibit B. -----------

Appears in 1 contract

Sources: Indenture (Intervest Bancshares Corp)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.. Center Bancorp, Inc./Indenture/Floating Rate

Appears in 1 contract

Sources: Indenture (Center Bancorp Inc)

Certificate to Trustee. The Company will deliver to the Trustee on or before 120 days after the end of each fiscal year in each year, so long as Debentures Debt Securities are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.

Appears in 1 contract

Sources: Indenture (Community Bancshares Inc /De/)

Certificate to Trustee. The Company will deliver to the ---------------------- Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status states thereof.

Appears in 1 contract

Sources: Indenture (Prosperity Bancshares Inc)

Certificate to Trustee. The Company will deliver to the ------------------------ Trustee on or before 120 days after the end of each fiscal year, so long as Debentures are outstanding hereunder, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default during such fiscal year by the Company in the performance of any covenants contained herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature and status thereof.they

Appears in 1 contract

Sources: Indenture (Intervest Bancshares Corp)