Common use of Compliance Certificate; Statements as to Defaults Clause in Contracts

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2024) an Officer’s Certificate stating whether the signer thereof has knowledge of any Default or Event of Default that has occurred and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificate.

Appears in 5 contracts

Sources: Indenture (MARA Holdings, Inc.), Indenture (Alignment Healthcare, Inc.), Indenture (MARA Holdings, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242021) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof and the actions the Company is taking or proposing to take in respect thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event Trustee within 30 thirty (30) days after an Officer of the Company becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no the Company is not required to deliver such Officer’s Certificate shall be required notice if such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificatecured.

Appears in 4 contracts

Sources: Backstop Agreement (KORE Group Holdings, Inc.), Indenture (KORE Group Holdings, Inc.), Indenture (KORE Group Holdings, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2024) Fiscal Year an Officer’s Certificate stating whether the signer thereof has knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after an Executive Officer of the Company becomes aware, of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no the Company shall not be required to deliver such an Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is required including pursuant to deliver such Officer’s CertificateSection 18.19 hereof.

Appears in 3 contracts

Sources: Indenture (Karyopharm Therapeutics Inc.), Indenture (Karyopharm Therapeutics Inc.), Indenture (Karyopharm Therapeutics Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242023) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred during the previous year and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is shall not be required to deliver such Officer’s CertificateCertificate if such Default or Event of Default has been cured within the applicable grace period (if any) provided for in this Indenture.

Appears in 2 contracts

Sources: Indenture (PureCycle Technologies, Inc.), Indenture (WisdomTree, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242021) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred during the previous year and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is shall not be required to deliver such Officer’s CertificateCertificate if such Default or Event of Default has been cured within the applicable grace period (if any) provided for in this Indenture.

Appears in 2 contracts

Sources: Indenture (Vertex Energy Inc.), Indenture (WisdomTree Investments, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242019) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default failure by the Company to comply with all conditions and covenants then required to be performed by the Company under this Indenture, determined without regard to any period of grace or Event requirement of Default that has occurred notice, during the previous year and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no the Company is not required to deliver such Officer’s Certificate shall be required notice if such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificateno longer continuing.

Appears in 2 contracts

Sources: Indenture (Veoneer, Inc.), Indenture (Veoneer, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242023) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided provided, however, that no the Company shall not be required to deliver such Officer’s Certificate shall be required if such Event of Default or Default Default, as applicable, has been cured or waived before within the date the Company is required to deliver such Officer’s Certificateapplicable grace period, if any, set forth herein.

Appears in 2 contracts

Sources: Indenture (Enovis CORP), Indenture (Fluor Corp)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242021) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default under the Indenture that has occurred during such fiscal year and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after obtaining knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no the Company is not required to deliver such Officer’s Certificate shall be required notice if such Event of Default or Default has been cured in accordance with this Indenture, or waived before is no longer continuing prior to the date the Company is required to deliver on which such Officer’s CertificateCertificate is due.

Appears in 2 contracts

Sources: Indenture (Invitae Corp), Investment Agreement (Invitae Corp)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242025) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event Trustee within 30 days after an officer of the Company becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no the Company is not required to deliver such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificate.

Appears in 2 contracts

Sources: Indenture (Lyft, Inc.), Indenture (Lyft, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee at its Corporate Trust Office within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242025) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred during the previous year and, if so, specifying each such Default or Event of Default and the nature thereof, and as to their knowledge of such obligor’s compliance with all conditions and covenants under this Indenture. In addition, the Company shall deliver to the TrusteeTrustee at its Corporate Trust Office, as soon as possible, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificate.

Appears in 1 contract

Sources: Subscription Agreement (M3-Brigade Acquisition v Corp.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2024) an Officer’s Certificate stating whether the signer thereof has knowledge of any Default or Event of Default that has occurred during the previous year and, if so, specifying each such Default or Event of Default Default, as the case may be, and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event Trustee within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided provided, however, that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is not required to deliver such Officer’s CertificateCertificate in respect of a Default if such Default has been cured within the applicable grace period (if any) as provided for in this Indenture.

Appears in 1 contract

Sources: Indenture (Indie Semiconductor, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31September 30, 20242026) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificate.

Appears in 1 contract

Sources: Indenture (Cleanspark, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242025) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificate.

Appears in 1 contract

Sources: Indenture (Riot Platforms, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242023) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days Trustee promptly after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate the Company shall not be required to deliver such notice if such Event of Default or Default has been cured or waived before the date on which the Company is required to deliver such Officer’s Certificatenotice.

Appears in 1 contract

Sources: Indenture (Burlington Stores, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2024) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred during the previous year and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is shall not be required to deliver such Officer’s CertificateCertificate if such Default or Event of Default has been cured within the applicable grace period (if any) provided for in this Indenture.

Appears in 1 contract

Sources: Indenture (WisdomTree, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal calendar year of the Company (beginning with the fiscal calendar year ending on December 31, 20242019) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possiblereasonably practicable, and in any event within 30 days after obtaining knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is not required to deliver such Officer’s CertificateCertificate if such Default or Event of Default has been cured.

Appears in 1 contract

Sources: Indenture (Tilray, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242016) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default under this Indenture that has occurred during the previous fiscal year and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after obtaining knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate the Company shall not be required to deliver such notice if such Event of Default or Default (as applicable) has been cured or waived before the date the Company is required to deliver such Officer’s Certificatecured.

Appears in 1 contract

Sources: Indenture (Sucampo Pharmaceuticals, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242014) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall not be required if to the extent that such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificate.been

Appears in 1 contract

Sources: Indenture (Scorpio Tankers Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242025) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default or Default that has occurred during the previous year and, if so, specifying each such Event of Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no the Company is not required to deliver such Officer’s Certificate shall be required if such the event that would constitute a Default or Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificate.

Appears in 1 contract

Sources: Indenture (BridgeBio Pharma, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31September 30, 20242025) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificate.

Appears in 1 contract

Sources: Indenture (Cleanspark, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee at its Corporate Trust Office within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242025) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred during the previous year and, if so, specifying each such Default or Event of Default and the nature thereof, and as to their knowledge of such obligor’s compliance with all conditions and covenants under this Indenture. In addition, the Company shall deliver to the TrusteeTrustee at its Corporate Trust Office, as soon as possible, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificate.

Appears in 1 contract

Sources: Indenture (Twenty One Assets, LLC)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242021) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall not be required if to the extent that such Event of Default or Default has been cured or waived before in accordance with this Indenture prior to the date the Company is required to deliver on which such Officer’s CertificateCertificate is due.

Appears in 1 contract

Sources: Indenture (Scorpio Tankers Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242025) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default or Default that has occurred during the previous year and, if so, specifying each such Event of Default or Event of Default and the nature thereof. In addition, the Company shall deliver to a Responsible Officer of the Trustee, as soon as possible, and in any event within 30 thirty (30) days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided provided, that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is not required to deliver such Officer’s CertificateCertificate if such Default has been cured or deemed cured.

Appears in 1 contract

Sources: Indenture (Bitfarms LTD)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242020) an Officer’s Officers’ Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days Trustee promptly after the occurrence of any Event of Default or Default, an Officer’s Officers’ Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate the Company shall not be required to deliver such notice if such Event of Default or Default has been cured or waived before the date on which the Company is required to deliver such Officer’s Certificatenotice.

Appears in 1 contract

Sources: Indenture (Allegheny Technologies Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242022) an Officer’s Officers’ Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred during the previous years and, if so, specifying each such Default or Event of Default Default, as the case may be, and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event Trustee within 30 days after the occurrence of any Event of Default or Default, an Officer’s Officers’ Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided provided, however, that no the Company is not required to deliver such Officer’s Officers’ Certificate shall be required in respect of a Default if such Event of Default or Default has been cured or waived before within the date the Company is required to deliver such Officer’s Certificateapplicable grace period (if any) as provided for in this Indenture.

Appears in 1 contract

Sources: Indenture (Indie Semiconductor, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December July 31, 20242018) an Officer’s Certificate signed by the principal executive, financial or accounting officer of the Company stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under the Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after an Officer of the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no the Company shall not be required to deliver such an Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before within the date applicable grace period (if any) provided in the Company is required to deliver such Officer’s CertificateIndenture.

Appears in 1 contract

Sources: First Supplemental Indenture (Guidewire Software, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242025) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company first obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate the Company shall not be required to deliver such notice if such Event of Default or Default has been cured (or deemed cured) or waived before prior to the date the Company that such notice is required to deliver such Officer’s Certificatedue.

Appears in 1 contract

Sources: Indenture (Akamai Technologies Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242021 Fiscal Year) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default under this Indenture that has occurred during the previous fiscal year and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after obtaining knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no the Company is not required to deliver such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificatecured.

Appears in 1 contract

Sources: Indenture (Gannett Co., Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242020) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred during the previous year and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is shall not be required to deliver such Officer’s CertificateCertificate if such Default or Event of Default has been cured within the applicable grace period (if any) provided for in this Indenture.

Appears in 1 contract

Sources: Indenture (WisdomTree Investments, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242025) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred during the previous year and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is shall not be required to deliver such Officer’s CertificateCertificate if such Default or Event of Default has been cured within the applicable grace period (if any) provided for in this Indenture.

Appears in 1 contract

Sources: Indenture (WisdomTree, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242020) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days Trustee promptly after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate the Company shall not be required to deliver such notice if such Event of Default or Default has been cured or waived before the date on which the Company is required to deliver such Officer’s Certificatenotice.

Appears in 1 contract

Sources: Indenture (Burlington Stores, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242013) an Officer’s Certificate stating whether the signer thereof has knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be notice is required if such the Default or Event of Default or Default has been cured or waived before the date the Company is we are required to deliver such Officer’s Certificatenotice.

Appears in 1 contract

Sources: Indenture (Medidata Solutions, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242025) an Officer’s Certificate stating whether the signer thereof has knowledge of any Default or Event of Default that has occurred and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificate.

Appears in 1 contract

Sources: Indenture (MARA Holdings, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242018) an Officer’s 's Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s 's Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s 's Certificate shall not be required if to the extent that such Event of Default or Default has been cured or waived before in accordance with this Indenture prior to the date the Company is required to deliver on which such Officer’s Certificate's Certificate is due.

Appears in 1 contract

Sources: Indenture (Scorpio Tankers Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242017) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default under this Indenture that has occurred during the previous fiscal year and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after obtaining knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate the Company shall not be required to deliver such notice if such Event of Default or Default (as applicable) has been cured or waived before the date the Company is required to deliver such Officer’s Certificatecured.

Appears in 1 contract

Sources: Indenture (Dermira, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2024) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; , provided that no such Officer’s Certificate shall be required if such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificate.

Appears in 1 contract

Sources: Indenture (MKS Instruments Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20242022) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Default, Event of Default that has occurred or other failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Default, Event of Default or other failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event Trustee within 30 days after an officer of the Company becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no the Company is not required to deliver such Officer’s Certificate shall be required notice if such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificatecured.

Appears in 1 contract

Sources: Indenture (Global Blood Therapeutics, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2024) an Officer’s Certificate stating whether the signer signers thereof has have knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days Trustee promptly after the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate the Company shall not be required to deliver such notice if such Event of Default or Default has been cured or waived before the date on which the Company is required to deliver such Officer’s Certificatenotice.

Appears in 1 contract

Sources: Indenture (Xerox Corp)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December July 31, 20242020) an Officer’s Certificate stating whether the signer thereof has knowledge of any Default or Event of Default that has occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Default or Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event Trustee within 30 calendar days after the occurrence of any Event of Default or Default, Default an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that no such Officer’s Certificate shall be is required if the event that would constitute such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officer’s Certificate.

Appears in 1 contract

Sources: Indenture (Palo Alto Networks Inc)