Common use of Incumbency Certificates Clause in Contracts

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 9 contracts

Sources: Credit Agreement (H&E Equipment Services, Inc.), Credit Agreement (H&E Equipment Services, Inc.), Credit Agreement (Golfsmith International Holdings Inc)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Restatement Date by such Person’s corporate secretary or an assistant secretary secretary, managing member, manager or equivalent senior officer, as applicable, as being true, accurate, correct and complete.

Appears in 6 contracts

Sources: Revolving Loan Credit Agreement (XPO, Inc.), Revolving Loan Credit Agreement (XPO Logistics, Inc.), Revolving Loan Credit Agreement (XPO Logistics, Inc.)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of such Person executing any of the Loan Documents, certified as of the Closing Date date hereof by such Person’s secretary or an assistant secretary or other officer acceptable to the Applicable Agent as being true, accurate, correct and completecomplete shall have been delivered to Agents.

Appears in 5 contracts

Sources: Credit Agreement (Exopack Holding Corp), Credit Agreement (Exopack Holding Corp), Credit Agreement (Exopack Holding Corp)

Incumbency Certificates. For each Credit PartyBorrower, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 3 contracts

Sources: Credit Agreement (Republic Airways Holdings Inc), Credit Agreement (Core-Mark Holding Company, Inc.), Credit Agreement (Frontier Airlines Holdings, Inc.)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s secretary or an assistant secretary as being true, accurate, correct and completecomplete shall have been delivered to Agent.

Appears in 2 contracts

Sources: Credit Agreement (Southern Construction Products Inc), Second Lien Term Loan Agreement (Penhall International Corp)

Incumbency Certificates. For Parent, Borrower and each Credit Partyof its Subsidiaries, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 2 contracts

Sources: Loan Agreement (Artra Group Inc), Credit Agreement (Artra Group Inc)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date date hereof by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 2 contracts

Sources: Credit Agreement (Verdant Brands Inc), Credit Agreement (510152 N B LTD)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 2 contracts

Sources: Credit Agreement (Golfsmith International Holdings Inc), Credit Agreement (H&e Finance Corp)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Restatement Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 2 contracts

Sources: Credit Agreement (Otelco Inc.), Credit Agreement (Universal Hospital Services Inc)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the member, officers or representative of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s corporate secretary or an assistant secretary or other authorized person as being true, accurate, correct and complete.

Appears in 2 contracts

Sources: Loan Agreement (Asta Funding Inc), Loan Agreement (Asta Funding Inc)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's secretary or an assistant secretary as being true, accurate, correct and completecomplete shall have been delivered to Agent.

Appears in 2 contracts

Sources: Credit Agreement (Osullivan Industries Holdings Inc), Credit Agreement (Penhall International Corp)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Effective Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 2 contracts

Sources: Credit Agreement (Bon Ton Stores Inc), Credit Agreement (Roller Bearing Co of America Inc)

Incumbency Certificates. For each Credit Party, signature and ----------------------- incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date date hereof by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 2 contracts

Sources: Credit Agreement (Icon Health & Fitness Inc), Credit Agreement (Icon Health & Fitness Inc)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Operative Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Precision Partners Inc)

Incumbency Certificates. For the Parent and each Credit PartyBorrower, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Devcon International Corp)

Incumbency Certificates. For each Credit Loan Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s corporate secretary or an assistant secretary or other authorized signatory as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Princeton Review Inc)

Incumbency Certificates. For each Credit Party, signature and ----------------------- incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Effective Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Callaway Golf Co /Ca)

Incumbency Certificates. For Borrower and each Credit Partyof its Restricted Subsidiaries, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Radiologix Inc)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Second Restatement Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Otelco Inc.)

Incumbency Certificates. For Holdings, Borrower and each Credit PartyDomestic Subsidiary, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (TNS Inc)

Incumbency Certificates. For each Credit PartyDebtor, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Secured Debtor in Possession Credit Agreement

Incumbency Certificates. For each Credit Party, in form and substance reasonably acceptable to Administrative Agent, signature and incumbency certificates of the officers of each such Person executing any of the Credit Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Kmart Holding Corp)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Amendment Effective Date by such Person’s corporate secretary or an assistant secretary secretary, managing member, manager or equivalent senior officer, as applicable, as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Revolving Loan Credit Agreement (XPO Logistics, Inc.)

Incumbency Certificates. For each Credit PartyParty that is executing any Loan Document, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (American Lawyer Media Holdings Inc)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Effective Date by such Person’s secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Bridge Loan Agreement (Imperial Industries Inc)

Incumbency Certificates. For each Credit PartyParty and each other Guarantor, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Northland Cable Properties Seven Limited Partnership)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Amendment No. 7 Effective Date by such Person’s corporate secretary or an assistant secretary secretary, managing member, manager or equivalent senior officer, as applicable, as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Revolving Loan Credit Agreement (XPO, Inc.)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of such Person executing any of the Loan Documents, certified as of the Closing Date date hereof by such Person’s 's secretary or an assistant secretary as being true, accurate, correct and completecomplete shall have been delivered to Agent.

Appears in 1 contract

Sources: Credit Agreement (Telex Communications International LTD)

Incumbency Certificates. For each Credit Party, in form and substance reasonably acceptable to Administrative Agent and Co-Syndication Agents, signature and incumbency certificates of the officers of each such Person executing any of the Credit Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Kmart Holding Corp)

Incumbency Certificates. For each Credit PartyBorrower, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (American Coin Merchandising Inc)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Original Closing Date by such Person’s corporate secretary or an assistant secretary as being true, accurate, correct and complete.. P.

Appears in 1 contract

Sources: Credit Agreement (Butler International Inc /Md/)

Incumbency Certificates. For each US Credit Party, signature and ----------------------- incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Measurement Specialties Inc)

Incumbency Certificates. For each Credit PartyBorrower and Guarantor, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Odyssey Healthcare Inc)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the member, officers or representative of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary or other authorized person as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Loan and Security Agreement (Asta Funding Inc)

Incumbency Certificates. For each Credit Party and each Pledgor that is not a Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s corporate secretary or an assistant secretary (or the equivalent with respect to any limited liability company) as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Newtek Business Services Inc)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Credit Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Master Lease Agreement (Savvis Communications Corp)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Effective Date by such Person’s corporate secretary or an assistant secretary secretary, managing member, manager or equivalent senior officer, as applicable, as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Senior Unsecured Bridge Term Loan Credit Agreement (XPO Logistics, Inc.)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Effective Date by such Person’s corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Roller Bearing Co of America Inc)

Incumbency Certificates. For each Credit PartyParty and LTF, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as being true, accurate, correct and complete as of the Closing Date by such Person’s secretary or 's corporate secretary, an assistant secretary as being true, accurate, correct and completeor another officer of such Person who did not execute any of the other Loan Documents.

Appears in 1 contract

Sources: Credit Agreement (Life Time Fitness Inc)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Restatement Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Brightpoint Inc)

Incumbency Certificates. For Holdings, Borrower and each Credit PartyDomestic Subsidiary, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (TNS Inc)

Incumbency Certificates. For each Credit PartyParty (other than foreign Subsidiaries), signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Liposome Co Inc)

Incumbency Certificates. For each Credit PartyBorrower, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Financing and Security Agreement (Henry Co)

Incumbency Certificates. For each Credit PartyParty executing a Loan Document, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s secretary or 's corporate secretary, an assistant secretary or a director as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Samsonite Corp/Fl)

Incumbency Certificates. For each Credit PartyBorrower, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit and Security Agreement (Apex Silver Mines LTD)

Incumbency Certificates. For each Credit Party executing a Loan Document (other than any Excluded Credit Party), signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Fibermark Inc)

Incumbency Certificates. For each US Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Measurement Specialties Inc)

Incumbency Certificates. For each Credit PartyBorrower, signature and ----------------------- incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Intercept Group Inc)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Restatement Date by such Person’s corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Huttig Building Products Inc)

Incumbency Certificates. For each Credit Party, signature and ----------------------- incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Bon Ton Stores Inc)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan LEGAL_US_E # 82813718. 8 Documents, certified as of the Closing Date by such Person’s corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Senior Secured, Super Priority Debtor in Possession Credit Agreement (Milacron Inc)

Incumbency Certificates. For each Original Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Second Restatement Execution Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Otelco Inc.)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of such Person executing any of the Loan Documents, certified as of the Closing Amendment Effective Date by such Person’s secretary or an assistant secretary as being true, accurate, correct and completecomplete shall have been delivered to Agent.

Appears in 1 contract

Sources: Credit Agreement (Penhall International Corp)

Incumbency Certificates. For each Credit PartyParty and each Guarantor, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Astec Industries Inc)

Incumbency Certificates. For each Credit PartyBorrower and Guarantor, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Odyssey Healthcare Inc)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Letter of Credit Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Letter of Credit Agreement (Labor Ready Inc)

Incumbency Certificates. For each Credit PartyBorrower, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date date hereof by such Person’s 's corporate secretary or an assistant secretary as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Debtor in Possession Credit Agreement (Mirant Corp)

Incumbency Certificates. For each Credit Party, signature and incumbency certificates of the officers of each such Person executing any of the Loan Documents, certified as of the Closing Date by such Person’s 's corporate secretary or an assistant secretary or equivalent Person as being true, accurate, correct and complete.

Appears in 1 contract

Sources: Credit Agreement (Video Services Corp)