Common use of Statement by Officers as to Default; Compliance Certificates Clause in Contracts

Statement by Officers as to Default; Compliance Certificates. (a) The Company will deliver to the Trustee, within 120 days after the end of each fiscal year of the Company ending after the date hereof an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 to 1009, inclusive, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of an Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or default, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the Company's independent auditors or public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention and, if such a default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a1) The Company Issuer will deliver to the Trustee, within 120 90 days after the end of its fiscal year, which initially shall be December 31, and within 60 days after the end of each fiscal year quarter (other than the fourth fiscal quarter), of the Company Issuer ending after the date hereof an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the Company Issuer is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 to 10091018, inclusive, and if the Company an Issuer shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b2) The Company Issuer shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company an Issuer becomes aware or should reasonably become aware of the occurrence of an Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or default, and the action which the Company Issuer proposes to take with respect thereto. (c3) The Company Issuer shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the CompanyIssuer's independent auditors or public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default under Section 1008 and Section 1011 has come to their attention and, if such a default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company will deliver to the Trustee, within 120 90 days after the end of each fiscal year year, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Company ending after the date hereof an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 to 10091017, inclusive, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of an Event of Default or an event which, with notice by the Trustee or Holders or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or default, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the Company's independent auditors or public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities Notes as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention and, if such a default 110 has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company will Each Issuer shall deliver to the Trustee, within 120 90 days after the end of each fiscal year year, and within 60 days after the end of each fiscal quarter (other than the Company fourth fiscal quarter), of such Issuer ending after the date hereof an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the Company such Issuer is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 to 10091016, inclusive, and if the Company such Issuer shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b) The Company Each Issuer shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company such Issuer becomes aware or should reasonably become aware of the occurrence of an Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or default, the period of existence thereof and the action which the Company such Issuer proposes to take with respect thereto. (c) The Company Each Issuer shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the Companysuch Issuer's independent auditors or public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention and, if such a default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a1) The Company Issuer and each Subsidiary Guarantor will deliver to the Trustee, within 120 90 days after the end of its fiscal year, which initially shall be September 30, and within 60 days after the end of each fiscal year quarter (other than the fourth fiscal quarter), of the Company Issuer ending after the date hereof an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the Company Issuer or any Subsidiary Guarantor is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 this Indenture or Sections 1004 to 1009, inclusivethe Security Documents, and if the Company Issuer or any Subsidiary Guarantor shall be in default, specifying all such defaults Defaults and Events of Default and the nature and status thereof of which they may have knowledge. (b2) The Company Issuer shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company Issuer becomes aware or should reasonably become aware of the occurrence of an Event of a Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or defaultDefault, and the action which the Company Issuer proposes to take with respect thereto. (c3) The Company Issuer shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the CompanyIssuer's independent auditors or public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default under Section 1008 and Section 1011 has come to their attention and, if such a default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company will deliver to the Trustee, within 120 90 days after the end of each fiscal year year, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Company ending after the date hereof an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 to 10091015, inclusive, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 5 days after the Company becomes aware or should reasonably become aware of the occurrence of an Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or default, the period of existence thereof and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the Company's independent auditors or public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention and, if such a default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company will deliver to the Trustee, within 120 days after the end of each fiscal year year, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Company ending after the date hereof an Officers' Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 to 1009, inclusive, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company becomes aware or awareor should reasonably become aware of the occurrence of an Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or default, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the Company's independent auditors or public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention and, if such a default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company will deliver to the TrusteeAdministrative Agent, within 120 days after the end of each fiscal year year, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Company ending after the date hereof an Officers' Certificatea Compliance Certificate (substantially in the form attached hereto as Exhibit C), stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 5.1 to 10095.23 of this Agreement, inclusive, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b) The Company shall deliver to the TrusteeAdministrative Agent, as soon as possible and in any event within 10 days after the Company becomes aware or should reasonably become aware of the occurrence of an Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or default, and the action which the Company proposes to take with respect thereto. (c) The Company shall deliver to the Trustee Administrative Agent within 90 120 days after the end of each fiscal year a written statement by the Company's independent auditors or public accountants stating (A) that their audit examination has included a review of the terms of the Indenture, Notes and this Indenture and the Securities Agreement as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention and, if such a default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a) The Company and the Subsidiary Guarantors will deliver to the Trustee, within 120 90 days after the end of each their respective fiscal year of the Company ending after the date hereof years, an Officers' CertificateCertificate (one of the signers of which shall be the principal executive officer, principal financial officer or principal accounting officer), stating whether or not to the best knowledge of the signers thereof the Company or such Subsidiary Guarantor, as the case may be, has fulfilled all its obligations hereunder, is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or 802 or Sections 1004 to 10091019, inclusive, and if the Company or any Subsidiary Guarantor, as the case may be, shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For purposes of this Section 1020, such compliance or default shall be determined without regard to any period of grace or requirement of notice provided under this Indenture. (b) The Company and each Subsidiary Guarantor shall deliver to the Trustee, as soon as possible promptly and in any event within 10 days after the Company or such Subsidiary Guarantor becomes aware or should reasonably become aware of the occurrence of an Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Certificate setting forth the details of such Event of Default or default, and the action which the Company or such Subsidiary Guarantor proposes to take with respect thereto. (c) The Company shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the Company's independent auditors or public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention and, if such a default has come to their attention, specifying the nature and period of the existence thereof.

Statement by Officers as to Default; Compliance Certificates. (a1) The Company Issuer will deliver to the Trustee, within 120 90 days after the end of each fiscal year year, and within 60 days after the end of each fiscal quarter (other than the fourth fiscal quarter), of the Company Issuer ending after the date hereof an Officers' Officers= Certificate, stating whether or not to the best knowledge of the signers thereof the Company Issuer is in default in the performance and observance of any of the terms, provisions and conditions of Section 801 or Sections 1004 to 10091018, inclusive, and if the Company an Issuer shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. (b2) The Company Issuer shall deliver to the Trustee, as soon as possible and in any event within 10 days after the Company an Issuer becomes aware or should reasonably become aware of the occurrence of an Event of Default or an event which, with notice or the lapse of time or both, would constitute an Event of Default, an Officers' Officers= Certificate setting forth the details of such Event of Default or default, and the action which the Company Issuer proposes to take with respect thereto. (c3) The Company Issuer shall deliver to the Trustee within 90 days after the end of each fiscal year a written statement by the CompanyIssuer's independent auditors or public accountants stating (A) that their audit examination has included a review of the terms of this Indenture and the Securities as they relate to accounting matters, and (B) whether, in connection with their audit examination, any event which, with notice or the lapse of time or both, would constitute an Event of Default has come to their attention and, if such a default has come to their attention, specifying the nature and period of the existence thereof.