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 one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2022) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within 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 the Company is not required to deliver such notice if such Default has been cured.

Appears in 2 contracts

Sources: Indenture (Selina Hospitality PLC), Subscription Agreement (BOA Acquisition Corp.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20222021) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within 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 the Company is not required to deliver such notice if such Default has been cured.

Appears in 2 contracts

Sources: Indenture (BigBear.ai Holdings, Inc.), Subscription Agreement (GigCapital4, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December January 31, 20222019) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within thirty (30) 30 days after an Officer 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 the Company is not required to deliver such notice if such Event of Default or Default has been cured.

Appears in 1 contract

Sources: Indenture (Okta, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December July 31, 20222025) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 30 days after an Officer 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 such Officer’s Certificate shall be required if the event that would constitute a Default has been cured before the date the Company is not required to deliver such notice if such Default has been curedOfficer’s Certificate.

Appears in 1 contract

Sources: Indenture (Nutanix, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20222024) an Officer’s Certificate stating whether the signers thereof have knowledge signer thereto knows of any failure by Default or Event of Default that occurred during the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 30 days after an Officer of the Company becomes aware 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 the Company is shall not be required to deliver such notice in respect of a Default if such Default has been cured.

Appears in 1 contract

Sources: Indenture (Snap Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20222020) an Officer’s Certificate that need not comply with Section 17.05 stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within thirty (30) 30 days after an Officer 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 the Company is not required to deliver such notice if such Event of Default or Default has been cured.

Appears in 1 contract

Sources: Indenture (Microchip Technology Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20222023) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within 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 the Company is not required to deliver such notice if such Default has been cured.

Appears in 1 contract

Sources: Indenture (Selina Hospitality PLC)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20222019) an Officer’s Certificate stating whether the signers thereof have knowledge signer thereto knows of any failure by Default or Event of Default that occurred during the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture previous year and, if so, specifying each such failure Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 30 days after an Officer of the Company becomes aware 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 the Company is shall not be required to deliver such notice in respect of a Default if such Default has been cured.

Appears in 1 contract

Sources: Indenture (Snap Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20222019) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture during the previous year and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 30 days after an Officer of the Company becomes aware 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 the Company is not required to deliver such notice if such Event of Default or Default has been cured.

Appears in 1 contract

Sources: Indenture (Etsy Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 3128, 20222013) an Officer’s Certificate stating whether or not the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 the Company is shall not be required to deliver such notice if such Event of Default or Default has been curedcured or waived before the date on which the Company is required to deliver such notice.

Appears in 1 contract

Sources: Indenture (Infinera Corp)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20222021) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within 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 the Company is not required to deliver such notice if such Default has been cured.

Appears in 1 contract

Sources: Subscription Agreement (GigCapital4, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20222020) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture during the previous year and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 30 days after an Officer of the Company becomes aware 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 the Company is not required to deliver such notice if such Event of Default or Default has been cured.

Appears in 1 contract

Sources: Indenture (Etsy Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 3126, 20222020) an Officer’s Certificate stating whether or not the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 the Company is shall not be required to deliver such notice if such Event of Default or Default has been curedcured or waived before the date on which the Company is required to deliver such notice.

Appears in 1 contract

Sources: Indenture (INFINERA Corp)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2022) an Officer’s Certificate stating whether or not the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 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 the Company is shall not be required to deliver such notice if such Event of Default or Default has been curedcured or waived before the date on which the Company is required to deliver such notice.

Appears in 1 contract

Sources: Indenture (Infinera Corp)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20222024) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within 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 the Company is not required to deliver such notice if such Default has been cured.

Appears in 1 contract

Sources: Indenture (BigBear.ai Holdings, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December March 31, 20222020) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within thirty (30) 30 days after an Officer 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 the Company is not required to deliver such notice if such Event of Default or Default has been cured.

Appears in 1 contract

Sources: Indenture (Impinj Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20222018) an Officer’s Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture during the previous year and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 30 days after an Officer of the Company becomes aware 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 the Company is not required to deliver such notice if such Event of Default or Default has been cured.

Appears in 1 contract

Sources: Indenture (Etsy Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20222021) an Officer’s Officers’ Certificate stating whether the signers thereof have knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture in the previous year and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 30 days after an Officer of the Company becomes aware of the occurrence of any Event of Default or DefaultDefault that is continuing, 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 notice is required if the event that would constitute a Default has been cured or waived before the date the Company is not required to deliver such notice if such Default has been curednotice.

Appears in 1 contract

Sources: Indenture (Sunnova Energy International Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within one hundred twenty (120) 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20222018) an Officer’s Certificate stating whether the signers signer thereof have has knowledge of any failure by the Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within thirty (30) 30 days after an Executive Officer of the Company becomes aware 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 the Company is shall not be required to deliver such notice an Officer’s Certificate if such Event of Default or Default has been cured.

Appears in 1 contract

Sources: Indenture (Karyopharm Therapeutics Inc.)