Performance Certificates Sample Clauses
A Performance Certificates clause establishes the requirement for formal documentation verifying that contractual obligations or project milestones have been satisfactorily completed. Typically, this clause outlines the process for issuing, reviewing, and accepting such certificates, which may be provided by an independent third party, the client, or a supervising authority. By mandating performance certificates, the clause ensures objective confirmation of work completion, thereby facilitating payment releases, project progression, or contract closure, and reducing disputes over whether obligations have been met.
Performance Certificates. At the time the financial statements are furnished pursuant to Sections 6.1 and 6.2 hereof, a certificate of the president, chief financial officer or treasurer of the Borrower as to the financial performance of the Borrower and its Subsidiaries on a consolidated basis, in substantially the form attached hereto as Exhibit E:
(a) setting forth as and at the end of such quarterly period or fiscal year, as the case may be, the arithmetical calculations required to establish whether or not the Borrower was in compliance with Sections 7.5 and 7.6 hereof; and
(b) stating that, to the best of his or her knowledge, no Default has occurred and is continuing as at the end of such quarterly period or year, as the case may be, or, if a Default has occurred, disclosing each such Default and its nature, when it occurred, whether it is continuing and the steps being taken by the Borrower with respect to such Default.
Performance Certificates. At the time the financial ------------------------ statements are furnished pursuant to Sections 6.1 and 6.2 hereof, a certificate of the president or chief financial officer of ATS (Delaware) as to their financial performance, in substantially the form attached hereto as Exhibit S: ---------
(a) setting forth as and at the end of such quarterly period or fiscal year, as the case may be, the arithmetical calculations required to establish (i) any adjustment to the Applicable Margins, as provided for in Section 2.3(f) hereof, and (ii) whether or not the Borrowers were in compliance with the requirements of Sections 7.8, 7.9, 7.10, 7.11 and 7.12 hereof;
(b) stating that, to the best of his or her knowledge, no Default has occurred as at the end of such quarterly period or year, as the case may be, or, if a Default has occurred, disclosing each such Default and its nature, when it occurred, whether it is continuing and the steps being taken by the Borrowers with respect to such Default;
(c) containing a list of all Acquisitions, Investments, Restricted Payments and dispositions of assets from the Agreement Date through the date of such certificate, together with the total amount for each of the foregoing categories; and
(d) setting forth the amount of distributions received from Unrestricted Subsidiaries for such period.
Performance Certificates. At the time the financial statements are furnished pursuant to Sections 6.1 and 6.2 hereof, a certificate of the president, chief financial officer or treasurer of the Company as to the financial performance of the Company and its Subsidiaries on a consolidated basis, in substantially the form attached hereto as Exhibit E:
(a) setting forth as and at the end of such quarterly period or fiscal year, as the case may be, the arithmetical calculations required to establish whether or not the Company was in compliance with Sections 7.5 and 7.6 hereof; and
(b) stating that, to the best of his or her knowledge, no Default has occurred and is continuing as at the end of such quarterly period or year, as the case may be, or, if a Default has occurred, disclosing each such Default and its nature, when it occurred, whether it is continuing and the steps being taken by the Company with respect to such Default.
Performance Certificates. At the time the financial statements are furnished pursuant to Sections 6.1 and 6.2, a certificate of the president or chief financial officer of the Borrower as to its financial performance:
(a) setting forth as and at the end of such quarterly period or fiscal year, as the case may be, the arithmetical calculations required to establish (i) any adjustment to the Applicable Margins, as provided for in Section 2.3(f), and (ii) whether or not the Borrower was in compliance with the requirements of Sections 7.8, 7.9, 7.10, 7.11 and 7.12; and
(b) stating that no Default has occurred as at the end of such quarterly period or year, as the case may be, or, if a Default has occurred, disclosing each such Default and its nature, when it occurred, whether it is continuing and the steps being taken by the Borrower with respect to such Default.
Performance Certificates. At the time the annual and quarterly financial statements are furnished pursuant to Sections 6.1 and 6.2 hereof, the Performance Certificate:
(a) setting forth as at the end of such quarterly period or fiscal year, as the case may be, whether or not EnergySolutions or Parent was in compliance with the requirements of Section 7.7 hereof; and
(b) stating that, to his or her knowledge, no Default or Event of Default has occurred as at the end of such quarterly period or year, as the case may be, or, if a Default or an Event of Default has occurred, disclosing each such Default or Event of Default and its nature, when it occurred, whether it is continuing and the steps being taken by EnergySolutions with respect to such Default or Event of Default.
Performance Certificates. 59 SECTION 6.4
Performance Certificates. Together with the delivery of the financial statements pursuant to Section 7.1 hereof, a certificate of an Authorized Signatory of the Borrower, in substantially the form of Exhibit R attached hereto:
(a) setting forth as at the end of such quarter or year, as the case may be, the arithmetical calculations required to establish (i) the Applicable Margin and (ii) whether or not the Borrower was in compliance with the requirements of the Financial Covenants;
(b) stating that, to the best of his or her knowledge, no Default or Event of Default has occurred as at the end of such quarter or year, as the case may be, or, if a Default or an Event of Default has occurred, disclosing each such Default or Event of Default and its nature, when it occurred, whether it is continuing, and the steps being taken by the Borrower with respect to such Default or Event of Default;
(c) setting forth a list updating the information set forth on Schedule 5.1(c)-1 with respect to the Borrower Parties and on Schedule 5.1(c)-2 with respect to the Unrestricted Subsidiaries, in each case to the extent that the Borrower shall have formed or acquired any new Subsidiaries or designated any additional Unrestricted Subsidiaries during such quarter;
(d) setting forth a list and description of all Investments, Restricted Payments and Restricted Purchases made by the Rainbow Companies during such quarter; and
(e) setting forth a list and description of, together with applicable financial statements, if available, for any Acquisition, formation or designation of any new Subsidiary of any Rainbow Company during the period for which such performance certificate is being given.
Performance Certificates. At the time the financial statements are furnished pursuant to Sections 6.1 and 6.2 hereof, a certificate of the president or chief financial officer of the Borrower as to its financial performance, in substantially the form of Exhibit I attached hereto:
(a) setting forth as and at the end of such quarterly period or fiscal year, as the case may be, the arithmetical calculations required to establish (i) any interest rate adjustment, as provided for in Section 2.3(f) hereof and (ii) whether or not the Borrower was in compliance with the requirements of Sections 7.7, 7.8, 7.9, 7.10 and 7.11 hereof;
(b) setting forth on a consolidated basis for the Borrower and its Subsidiaries for each such fiscal quarter (i) the number of cellular telephone subscribers at the beginning of the quarter, (ii) the number of gross new cellular telephone subscribers added and deactivated cellular telephone subscribers lost during the quarter and (iii) the number of cellular telephone subscribers at the end of the quarter;
(c) stating that, to the best of his or her knowledge, no Default has occurred as at the end of such quarterly period or year, as the case may be, or, if a Default has occurred, disclosing each such Default and its nature, when it occurred, whether it is continuing and the steps being taken by the Borrower with respect to such Default; and
(d) summarizing the nature and individual and aggregate dollar amounts of all Investments and Acquisitions made by the Borrower or any of its Subsidiaries since the Agreement Date and stating that each such Investment or Acquisition was made in accordance with the terms and conditions set forth in Section 7.6 hereof.
Performance Certificates. At the time the financial statements are furnished pursuant to Sections 6.1 and 6.2, a certificate of the president or chief financial officer of the Borrower as to its financial performance, in substantially the form attached hereto as EXHIBIT R:
(a) setting forth as and at the end of such quarterly period or fiscal year, as the case may be, the arithmetical calculations required to establish (i) any adjustment to the Applicable Margins, as provided for in Section 2.3(f) hereof, and (ii) whether or not the Borrower was in compliance with the requirements of Sections 7.8, 7.9, 7.10, 7.11 and 7.12 hereof;
(b) setting forth on a consolidated basis for the Borrower and its Subsidiaries for each such fiscal quarter (i) the number of subscribers at the beginning of the quarter, (ii) the number of gross new subscribers added and deactivated subscribers lost during the quarter, and (iii) the number of subscribers at the end of the quarter; and
(c) stating that, to the best of his or her knowledge, no Default has occurred as at the end of such quarterly period or year, as the case may be, or, if a Default has occurred, disclosing each such Default and its nature, when it occurred, whether it is continuing and the steps being taken by the Borrower with respect to such Default.
Performance Certificates. (a) At the time the financial statements are furnished pursuant to Section 6.1 hereof, a Performance Certificate:
(i) setting forth as at the end of such fiscal month, (A) the arithmetical calculations required to establish whether the Borrower was in compliance with the requirements of Section 8.1 and Section 8.2 hereof and (B) to the extent that the Borrower or any of the Restricted Subsidiaries shall have made any payment during such fiscal month to cover operating expenses incurred in the ordinary course of business which are allocable to the operations of any Unrestricted Subsidiary, evidence that the Borrower shall have received (whether during or prior to such fiscal month) (I) proceeds of any Incremental Term Loans permitted to be invested in the Unrestricted Subsidiaries pursuant to Section 7.2 hereof or (II) Specified Equity Contributions, in either case in an amount sufficient to cover such operating expenses and not used for other purposes;
(ii) stating that, to the best of his or her knowledge, no Default or Event of Default (other than any Specified Default) has occurred as at the end of such period, or, if a Default or an Event of Default (other than a Specified Default) has occurred, disclosing each such Default or Event of Default and its nature, when it occurred, whether it is continuing and the steps being taken by the Borrower with respect to such Default or Event of Default; and
(iii) accompanied by a forecast of weekly cash receipts and disbursements, (x) during the Forbearance Period, for the period commencing on the first day of the immediately succeeding fiscal month through March 29, 2002, and (y) at all other times, for the immediately succeeding fiscal month, in each case, certified as reasonable by a Principal Officer of the Borrower.
(b) At the time the financial statements are furnished pursuant to Section 6.2 hereof, a Performance Certificate:
(i) setting forth as at the end of such fiscal quarter, the arithmetical calculations required to establish (A) whether the Borrower was in compliance with the requirements of the Financial Covenants, and (B) after the expiration of the Amendment Period, the Applicable Margin;
(ii) setting forth a summary of all Investments received by (x) any member of the InternetCo Group (other than from any other member of the InternetCo Group), (y) any member of the LaunchCo Group (other than from any other member of the LaunchCo Group) and (z) any Consumer Publication Joint Venture, in each case ...