Common use of Performance Certificates Clause in Contracts

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 hereof6.2, a certificate of the president or chief financial officer of ATS (Delaware) the Borrower as to their its financial performance, in substantially the form attached hereto as Exhibit S: ---------M: (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 Borrower was in compliance with the requirements of Sections 7.7, 7.8, 7.9, 7.10, 7.11 7.10 and 7.12 hereof7.11; (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 Borrower with respect to such Default;; and (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 or chief financial officer of ATS (Delaware) the Borrower as to their its financial performance, in substantially the form attached hereto as Exhibit S: ---------N: (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 Borrower was in compliance with the requirements of Sections 7.7, 7.8, 7.9, 7.10, 7.10 and 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 Borrower 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 or chief financial officer of ATS (Delaware) AT Inc. as to their financial performance, in substantially the form attached hereto as Exhibit SY: --------- (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, 7.10 and 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, 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; and (e) setting forth as and at the end of such quarterly period or fiscal year, as the case may be, the arithmetical calculations demonstrating compliance with the Borrowing Base.

Performance Certificates. At the time the financial ------------------------ statements are furnished pursuant to Sections 6.1 and 6.2 hereof6.2, a certificate of the president or president, chief financial officer or controller of ATS (Delaware) the Borrower as to their its financial performance, in substantially the form attached hereto as Exhibit S: ---------O: (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 Borrower was in compliance with the requirements of Sections 7.8, 7.9, 7.10, 7.10 and 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 Borrower with respect to such Default;; and (c) containing a list of all Acquisitions, InvestmentsInvestments (other than Cash Equivalents), Restricted Payments and dispositions of assets Asset Sales 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 hereof6.2, a certificate of the president or president, chief financial officer, chief accounting officer or controller of ATS (Delaware) the Borrower as to their its financial performance, in substantially the form attached hereto as Exhibit S: ---------K (each, a "Performance Certificate"): (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 Borrower was in compliance with the requirements of Sections 7.8, 7.9, 7.10, 7.10 and 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 Borrower with respect to such Default;; and (c) containing a list of all Acquisitions, InvestmentsInvestments (other than Cash Equivalents), Restricted Payments Payments, Restricted Purchases and dispositions Asset Sales, in each case, which exceed $1,000,000.00 per transaction or series of assets from related transactions, for the Agreement Date through the date of such certificatefour (4) quarter period then ended or most recently ended, 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 hereof6.2, a certificate of the president or president, chief financial officer, chief accounting officer or controller of ATS (Delaware) the Borrower as to their its financial performance, in substantially the form attached hereto as Exhibit S: ---------L: (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 Borrower was in compliance with the requirements of Sections 7.8, 7.9, 7.10, 7.11 7.11, 7.12, 7.13 and 7.12 7.14 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 Borrower with respect to such Default;; and (c) containing a list of all Acquisitions, InvestmentsInvestments (other than Cash Equivalents), Restricted Payments Payments, Restricted Purchases and dispositions Asset Sales, in each case, which exceed $1,000,000.00 per transaction or series of assets from related transactions, for the Agreement Date through the date of such certificatefour (4) quarter period then ended or most recently ended, 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 hereof6.2, a certificate of the president or president, chief financial officer, chief accounting officer or controller of ATS (Delaware) the Borrower as to their its financial performance, in substantially the form attached hereto as Exhibit S: ---------L: (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 Borrower was in compliance with the requirements of Sections 7.8, 7.9, 7.10, 7.10 and 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 Borrower with respect to such Default;; and (c) containing a list of all Acquisitions, InvestmentsInvestments (other than Cash Equivalents), Restricted Payments Payments, Restricted Purchases and dispositions Asset Sales, in each case, which exceed $1,000,000.00 per transaction or series of assets from related transactions, for the Agreement Date through the date of such certificatefour (4) quarter period then ended or most recently ended, 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 hereof6.2, a certificate of the president or president, chief financial officer, chief accounting officer or controller of ATS (Delaware) the Borrower as to their its financial performance, in substantially the form attached hereto as Exhibit S: ---------M (each, a "Performance Certificate"): (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 Borrower was in compliance with the requirements of Sections 7.8, 7.9, 7.10, 7.10 and 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 Borrower with respect to such Default;; and (c) containing a list of all Acquisitions, InvestmentsInvestments (other than Cash Equivalents), Restricted Payments Payments, Restricted Purchases and dispositions Asset Sales, in each case, which exceed $1,000,000.00 per transaction or series of assets from related transactions, for the Agreement Date through the date of such certificatefour (4) quarter period then ended or most recently ended, 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.