Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 45 contracts
Sources: Credit Agreement (Texas New Mexico Power Co), Term Loan Agreement (Texas New Mexico Power Co), Term Loan Agreement (Public Service Co of New Mexico)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 42 contracts
Sources: Revolving Credit Facility (Nordstrom Inc), Credit Agreement (Oglethorpe Power Corp), Credit Agreement (Oglethorpe Power Corp)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 9 contracts
Sources: Credit Agreement (Tredegar Corp), Credit Agreement (Regeneration Technologies Inc), Credit Agreement (Apria Healthcare Group Inc)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Datesuch date.
Appears in 8 contracts
Sources: Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Restatement Date.
Appears in 7 contracts
Sources: Credit Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico)
Incumbency. An incumbency certificate of the such Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Effective Date.
Appears in 5 contracts
Sources: 364 Day Credit Agreement (Duke Energy Field Services LLC), 364 Day Credit Agreement (Duke Energy Field Services LLC), 364 Day Credit Agreement (Duke Energy Field Services LLC)
Incumbency. An incumbency certificate of the each Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 5 contracts
Sources: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Pierre Leasing LLC)
Incumbency. An incumbency certificate of the Borrower Borrower, certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 5 contracts
Sources: Term Loan Agreement (Alabama Power Co), Multi Year Credit Agreement (Alabama Power Co), Credit Agreement (Mississippi Power Co)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Restatement Effective Date.
Appears in 3 contracts
Sources: Term Loan Agreement (PNM Resources Inc), Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or the equivalent) a Responsible Officer thereof if there is no secretary or assistant secretary of the Borrower Borrower) (pursuant to a secretary’s certificate in substantially the form of Schedule 4.1(b) attached hereto) to be true and correct as of the Closing Date.
Appears in 2 contracts
Sources: Credit Agreement (Ims Health Inc), Credit Agreement (Ims Health Inc)
Incumbency. An incumbency certificate of the each Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower Responsible Officer to be true and correct as of the Closing DateDate and a list of authorized signatories of the Company.
Appears in 2 contracts
Sources: Credit Agreement (Nationsrent Companies Inc), Credit Agreement (Nationsrent Companies Inc)
Incumbency. An incumbency certificate of the each Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower Borrowers to be true and correct as of the Closing Initial Funding Date.
Appears in 2 contracts
Sources: Loan and Security Agreement (nFinanSe Inc.), Loan and Security Agreement (nFinanSe Inc.)
Incumbency. An incumbency certificate of the Borrower Borrower, certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Effective Date.
Appears in 2 contracts
Sources: Bridge Credit Agreement, Bridge Credit Agreement (Southern Co)
Incumbency. An incumbency certificate of each of the Borrower Company and FCP certified by a secretary or assistant secretary (or the equivalent) of the such Borrower to be true and correct as of the Closing Date.
Appears in 2 contracts
Sources: Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 2 contracts
Sources: Term Loan and Security Agreement (New World Brands Inc), Term Loan and Security Agreement (New World Brands Inc)
Incumbency. An incumbency certificate of the Borrower in form and substance satisfactory to Lender, certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 2 contracts
Sources: Credit and Security Agreement (Sun Hydraulics Corp), Credit and Security Agreement (Sun Hydraulics Corp)
Incumbency. An incumbency certificate of the each Borrower certified by a secretary or assistant secretary (or pursuant to a secretary's certificate in substantially the equivalentform of Schedule 4.1-1 attached hereto) of the Borrower to be true and correct as of the Closing Date.
Appears in 2 contracts
Sources: Credit Agreement (Si International Inc), Credit Agreement (Si International Inc)
Incumbency. An incumbency certificate of the ---------- Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 2 contracts
Sources: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Graybar Electric Co Inc)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date, in form and substance satisfactory to Administrative Agent.
Appears in 2 contracts
Sources: Credit Agreement (American Capital Strategies LTD), Credit Agreement (American Capital Strategies LTD)
Incumbency. An incumbency certificate of the Borrower and certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 1 contract
Incumbency. An incumbency certificate of the each Borrower certified ---------- by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (Chiquita Brands International Inc)
Incumbency. An incumbency certificate of the Borrower ---------- certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 1 contract
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or pursuant to a secretary’s certificate in substantially the equivalentform of Schedule 4.1-1 attached hereto) of the Borrower to be true and correct as of the Closing Date.
Appears in 1 contract
Sources: Credit and Security Agreement (Sun Hydraulics Corp)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Effective Date.
Appears in 1 contract
Sources: Line of Credit Agreement (Cornerstone Realty Income Trust Inc)
Incumbency. An incumbency certificate of the each Borrower certified by a secretary or assistant secretary (or the equivalent) of the such Borrower to be true and correct as of the Closing Date.
Appears in 1 contract
Incumbency. An incumbency certificate of the each Borrower certified by a secretary or assistant secretary (or pursuant to a secretary's certificate in substantially the equivalentform of Schedule 4.1-1 to the credit agreement) of the Borrower to be true and correct as of the Closing Datedate hereof.
Appears in 1 contract
Incumbency. An incumbency certificate of the Borrower ---------- certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 1 contract
Incumbency. An incumbency certificate of the Borrower and each Domestic Subsidiary certified on behalf of Borrower or such Domestic Subsidiary by a secretary or assistant secretary (or the equivalent) of the Borrower such party to be true and correct as of the Closing Date.
Appears in 1 contract
Sources: Credit Agreement (Immucor Inc)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date.
Appears in 1 contract
Sources: Revolving Loan Agreement (Capital Lease Funding Inc)
Incumbency. An incumbency certificate of the Borrower ---------- certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Effective Date.
Appears in 1 contract
Sources: Credit Agreement (Knoll Inc)
Incumbency. An incumbency certificate of the Borrower certified by a secretary or assistant secretary (or pursuant to a secretary's certificate in substantially the equivalentform of Schedule 4.1-1 attached hereto) of the Borrower to be true and correct as of the Closing Date.
Appears in 1 contract
Sources: Credit and Security Agreement (Sun Hydraulics Corp)
Incumbency. An incumbency certificate of the Borrower Borrower, certified by a secretary or assistant secretary (or the equivalent) of the Borrower to be true and correct as of the Closing Date, in form and substance satisfactory to Administrative Agent.
Appears in 1 contract