Common use of Certificates to Trustee Clause in Contracts

Certificates to Trustee. (a) The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a certificate from the principal executive, financial or accounting officer of the Company stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and the Company's and its Restricted Subsidiaries' performance under this Indenture and that, based upon such review, to the best of such officer's knowledge, the Company has fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (determined without regard to any period of grace or requirement of notice provided in this Indenture), specifying each such default and the nature and status thereof. (b) The Company will deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware of an Event of Default or a Default, an Officer's Certificate setting forth the details of such Event of Default or Default, and the action which the Company proposes to take or has taken with respect thereto. (c) The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by the Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Appears in 5 contracts

Sources: Indenture (Lyondell Chemical Nederland LTD), Indenture (Lyondell Chemical Nederland LTD), Indenture (Lyondell Chemical Nederland LTD)

Certificates to Trustee. (a) The Company Each Issuer will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a certificate from the principal executive, financial or accounting officer of the Company such Issuer stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and the Company's and its Restricted Subsidiaries' performance under this Indenture and that, based upon such review, to the best of such officer's officers' knowledge, the Company has Issuers have fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (determined without regard to any period of grace or requirement of notice provided in this Indenture), specifying each such default and the nature and status thereof. (b) The Company Each Issuer will deliver to the Trustee, as soon as possible and in any event within 30 days after the Company such Issuer becomes aware of an Event of Default or a Default, an Officer's Officers' Certificate setting forth the details of such Event of Default or Default, and the action which the Company such Issuer proposes to take or has taken with respect thereto. (c) The Company Each Issuer will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by the Companysuch Issuer's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Appears in 5 contracts

Sources: Indenture (Equistar Funding Corp), Indenture (Equistar Chemicals Lp), Indenture (Lyondell Chemical Co)

Certificates to Trustee. (a) The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a certificate from the principal executive, financial or accounting officer of the Company stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and the Company's and its Restricted Subsidiaries' performance under this the Indenture and that, based upon such review, to the best of such officer's knowledge, based upon such review, the Company has fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (determined without regard to any period of grace or requirement of notice provided in this the Indenture), specifying each such default and the nature and status thereof. (b) The Company will deliver to the Trustee, as soon as possible and in any event within 30 10 days after the Company becomes aware of the occurrence of an Event of Default or a Default, an Officer's Officers' Certificate setting forth the details of such Event of Default or Default, and the action which the Company proposes to take or has taken with respect thereto. (c) The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by the Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes Securities as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Appears in 2 contracts

Sources: Indenture (Usec Inc), Indenture (Usec Inc)

Certificates to Trustee. (a) The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company a certificate from the principal executive, financial or accounting officer of the Company stating that such officer has conducted as to his or supervised a review her knowledge of the activities of the Company and its Restricted Subsidiaries and the Company's compliance with all conditions and its Restricted Subsidiaries' performance covenants under this Indenture and that, based upon (such review, compliance to the best of such officer's knowledge, the Company has fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (be determined without regard to any period of grace or requirement of notice provided in under this Indenture), specifying each such default and the nature and status thereof. (b) The Company will deliver to the Trustee, as soon as possible and in any event within 30 10 days after the Company becomes aware or should reasonably become aware of the occurrence of an Event of Default or a Default, an Officer's Officers' Certificate setting forth the details of such Event of Default or Default, and the action which the Company proposes to take or has taken with respect thereto. (c) The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company a written statement by the Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes Securities as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Appears in 1 contract

Sources: Indenture (Vencor Inc)

Certificates to Trustee. (a) The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company a certificate from the principal executive, financial or accounting officer of the Company stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and the Company's and its Restricted Subsidiaries' performance under this Indenture and that, based upon such review, to the best of such officer's knowledge, the Company based upon such review, there has fulfilled all obligations been no Default that is continuing thereunder or, if there has been a default Default in the fulfillment of any such obligation (determined without regard to any period of grace or requirement of notice provided in this Indenture)obligation, specifying each such default Default and the nature and status thereof. (b) The Company will deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware occurrence thereof, written notice in the form of an Officers' Certificate of any event which with the giving of notice and the lapse of time would become an Event of Default or a Default, an Officer's Certificate setting forth the details status of such Event of Default or Default, event and the what action which the Company is taking or proposes to take or has taken with respect thereto. (c) The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by the Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default that is continuing has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Appears in 1 contract

Sources: Indenture (Williams Communications Group Inc)

Certificates to Trustee. (a) The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company a certificate from the principal executive, financial or accounting officer of the Company stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and the Company's and its Restricted Subsidiaries' performance under this the Indenture and that, based upon such review, to the best of such officer's knowledge, based upon such review, the Company has fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (determined without regard to any period of grace or requirement of notice provided in this the Indenture), specifying each such default and the nature and status thereof. (b) The Company will deliver to the Trustee, as soon as possible and in any event within 30 10 days after the Company becomes aware or should reasonably become aware of the occurrence of an Event of Default or a Default, an Officer's Officers' Certificate setting forth the details of such Event of Default or Default, and the action which the Company proposes to take or has taken with respect thereto. (c) The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company a written statement by the Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes Securities as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Appears in 1 contract

Sources: Indenture (Zd Inc)

Certificates to Trustee. (a) The Company Issuers will deliver to the Trustee within 120 days after the end of each fiscal year of the Company Issuers a certificate from the principal executive, financial or accounting officer of the Company Issuers stating that such officer has conducted or supervised a review of the activities of the Company Issuers and its their Restricted Subsidiaries and the Company's Issuers' and its their Restricted Subsidiaries' performance under this Indenture and that, based upon such review, to the best of such officer's knowledge, the Company has Issuers have fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (determined without regard to any period of grace or requirement of notice provided in this Indenture), specifying each such default and the nature and status thereof. (b) The Company Issuers will deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes Issuers become aware or should reasonably become aware of the occurrence of an Event of Default or a Default, an Officer's Certificate setting forth the details of such Event of Default or Default, and the action which the Company proposes Issuers propose to take or has taken with respect thereto. (c) The Company Issuers will deliver to the Trustee within 120 days after the end of each fiscal year of the Company Issuers a written statement by the Company's Issuers' independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Appears in 1 contract

Sources: Indenture (Triarc Companies Inc)

Certificates to Trustee. (a) The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company a brief certificate (which need not comply with Section 10.05) from the principal executive, financial or accounting officer of the Company stating that such officer has conducted as to his or supervised a review her knowledge of the activities of the Company and its Restricted Subsidiaries and the Company's compliance with all conditions and its Restricted Subsidiaries' performance covenants under this Indenture and that, based upon (such review, compliance to the best of such officer's knowledge, the Company has fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (be determined without regard to any period of grace or requirement of notice provided in under this Indenture), specifying each such default and the nature and status thereof. (b) The Company will deliver to the Trustee, as soon as possible and in any event within 30 10 days after the Company becomes aware or should reasonably become aware of the occurrence of an Event of Default or a Default, an Officer's Officers' Certificate setting forth the details of such Event of Default or Default, and the action which the Company proposes to take or has taken with respect thereto. (c) The Company will deliver to the Trustee within 120 90 days after the end of each fiscal year of the Company a written statement by the Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes Securities as they relate to accounting matters, and (ii) whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Appears in 1 contract

Sources: Indenture (Benton Oil & Gas Co)

Certificates to Trustee. (a) The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a certificate from the principal executive, financial or accounting officer of the Company stating that such officer has conducted or supervised a review of the activities of the Company and its Restricted Subsidiaries and the Company's and its Restricted Subsidiaries' performance under this Indenture and that, based upon such review, to the best of such officer's knowledge, the Company has fulfilled all obligations thereunder or, if there has been a default in the fulfillment of any such obligation (determined without regard to any period of grace or requirement of notice provided in this Indenture), specifying each such default and the nature and status thereof. (b) The Company will deliver to the Trustee, as soon as possible and in any event within 30 days after the Company becomes aware of the occurrence of an Event of Default or a Default, an Officer's Certificate setting forth the details of such Event of Default or Default, and the action which the Company proposes to take or has taken with respect thereto. (c) The Company will deliver to the Trustee within 120 days after the end of each fiscal year of the Company a written statement by the Company's independent public accountants stating (i) that their audit examination has included a review of the terms of this Indenture and the Notes as they relate to accounting matters, and (ii) ii whether, in connection with their audit examination, any Default has come to their attention and, if such a Default has come to their attention, specifying the nature and period of the existence thereof.

Appears in 1 contract

Sources: Indenture (Lyondell Chemical Nederland LTD)