Annual Compliance Certificate. Within ninety (90) days after the last day of each fiscal year of the Company, beginning with the first such fiscal year ending after the date of this Indenture, the Company will deliver an Officer’s Certificate to the Trustee stating (i) that the signatory thereto has supervised a review of the activities of the Company and its Subsidiaries during such fiscal year with a view towards determining whether any Default or Event of Default has occurred; and (ii) whether, to such signatory’s knowledge, a Default or Event of Default has occurred or is continuing (and, if so, describing all such Defaults or Events of Default and what action the Company is taking or proposes to take with respect thereto).
Appears in 6 contracts
Samples: Indenture (Chefs' Warehouse, Inc.), Indenture (Rexford Industrial Realty, Inc.), Indenture (Winnebago Industries Inc)
Annual Compliance Certificate. Within ninety one hundred and twenty (90120) days after the last day of each fiscal year of the Company, beginning with the first such fiscal year ending after the date of this Indenture, the Company will deliver an Officer’s Certificate to the Trustee stating (i) that the signatory thereto has supervised a review of the activities of the Company and its Subsidiaries during such fiscal year with a view towards determining whether any Default or Event of Default has occurred; and (ii) whether, to such signatory’s knowledge, a Default or Event of Default has occurred or is continuing (and, if so, describing all such Defaults or Events of Default and what action the Company is taking or proposes to take with respect thereto).
Appears in 4 contracts
Samples: Indenture (Freshpet, Inc.), Indenture (Envista Holdings Corp), Indenture (Collegium Pharmaceutical, Inc)
Annual Compliance Certificate. Within ninety one hundred and twenty (90120) days after the last day of February 1, 2021 and each fiscal year of the Company, beginning with the first such fiscal year Company ending after the date of this Indenturethereafter, the Company will deliver an Officer’s Certificate to the Trustee stating (i) that the signatory thereto has supervised a review of the activities of the Company and its Subsidiaries during such prior fiscal year with a view towards determining whether any Default or Event of Default has occurredoccurred during such prior fiscal year; and (ii) whether, to such signatory’s knowledge, a Default or Event of Default has occurred during such prior fiscal year or is continuing (and, if so, describing all such Defaults or Events of Default and what action the Company is taking or proposes to take with respect thereto).
Appears in 2 contracts
Samples: Indenture (American Eagle Outfitters Inc), Indenture (Dick's Sporting Goods, Inc.)
Annual Compliance Certificate. Within ninety (90) By a date no later than 30 days after the last day of each fiscal year of the Company, beginning with the first such fiscal year Company ending after the date of this Indenturehereof, the Company will deliver an Officer’s Officers’ Certificate to the Trustee Holder stating (i) that the signatory thereto has supervised a review of the activities of the Company and its Subsidiaries during such prior fiscal year with a view towards determining whether any Default or Event of Default has occurredoccurred during such prior fiscal year; and (ii) whether, to such signatory’s knowledge, a Default or Event of Default has occurred during such prior fiscal year or is continuing (and, if so, describing all such Defaults or Events of Default and what action the Company is taking or proposes to take with respect thereto).
Appears in 2 contracts
Samples: Investment Agreement (Inspirato Inc), Investment Agreement (Inspirato Inc)
Annual Compliance Certificate. Within ninety (90) days after [the last day of the current fiscal year of the Company as of the Issue Date] and each fiscal year of the Company, beginning with the first such fiscal year Company ending after the date of this Indenturethereafter, the Company and the Guarantors will deliver an Officer’s Certificate to the Trustee stating (i) that the signatory thereto has supervised a review of the activities of the Company and its Subsidiaries the Guarantors during such fiscal year with a view towards determining whether any Default or Event of Default has occurred; and (ii) whether, to such signatory’s knowledge, a Default or Event of Default has occurred or is continuing (and, if so, describing all such Defaults or Events of Default and what action the Company or Guarantors is taking or proposes to take with respect thereto).
Appears in 2 contracts
Samples: Indenture (Aegerion Pharmaceuticals, Inc.), www.amrytpharma.com
Annual Compliance Certificate. Within ninety one hundred and twenty (90120) days after the last day of December 31, 2024 and each fiscal year of the Company, beginning with the first such fiscal year Company ending after the date of this Indenturethereafter, the Company will deliver an Officer’s Certificate to the Trustee stating (i) that the signatory thereto has supervised a review of the activities of the Company and its Subsidiaries during such prior fiscal year with a view towards determining whether any Default or Event of Default has occurredoccurred during such prior fiscal year; and (ii) whether, to such signatory’s knowledge, a Default or Event of Default has occurred during such prior fiscal year or is continuing (and, if so, describing all such Defaults or Events of Default and what action the Company is taking or proposes to take with respect thereto).
Appears in 1 contract
Samples: SoFi Technologies, Inc.
Annual Compliance Certificate. Within ninety one hundred and twenty (90120) days after the last day of December 31, 2023 and each fiscal year of the Company, beginning with the first such fiscal year Company ending after the date of this Indenturethereafter, the Company will deliver an Officer’s Certificate to the Trustee stating (i) that the signatory thereto has supervised a review of the activities of the Company and its Subsidiaries during such prior fiscal year with a view towards determining whether any Default or Event of Default has occurredoccurred during such prior fiscal year; and (ii) whether, to such signatory’s knowledge, a Default or Event of Default has occurred during such prior fiscal year or is continuing (and, if so, describing all such Defaults or Events of Default and what action the Company is taking or proposes to take with respect thereto).
Appears in 1 contract
Samples: Supplemental Indenture (Better Home & Finance Holding Co)
Annual Compliance Certificate. Within ninety one hundred and twenty (90120) days after the last day of December 31, 2021 and each fiscal year of the Company, beginning with the first such fiscal year Company ending after the date of this Indenturethereafter, the Company will deliver an Officer’s Certificate to the Trustee stating (i) that the signatory thereto has supervised a review of the activities of the Company and its Subsidiaries during such prior fiscal year with a view towards determining whether any Default or Event of Default has occurredoccurred during such prior fiscal year; and (ii) whether, to such signatory’s knowledge, a Default or Event of Default has occurred during such prior fiscal year or is continuing (and, if so, describing all such Defaults or Events of Default and what action the Company is taking or proposes to take with respect thereto).
Appears in 1 contract
Samples: SoFi Technologies, Inc.
Annual Compliance Certificate. Within ninety (90) days after the last day of each fiscal year of the Company, beginning with the first such fiscal year ending after the date of this Supplemental Indenture, the Company will deliver an Officer’s Certificate to the Trustee stating (i) that the signatory thereto has supervised a review of the activities of the Company and its Subsidiaries during such fiscal year with a view towards determining whether any Default or Event of Default has occurred; and (ii) whether, to such signatory’s knowledge, a Default or Event of Default has occurred or is continuing (and, if so, describing all such Defaults or Events of Default and what action the Company is taking or proposes to take with respect thereto).
Appears in 1 contract
Samples: Indenture (Nikola Corp)
Annual Compliance Certificate. Within ninety one hundred twenty (90120) days after the last day of December 31, 2020 and each fiscal year of the Company, beginning with the first such fiscal year Company ending after the date of this Indenturethereafter, the Company will deliver an Officer’s Certificate to the Trustee stating signed by the principal executive, financial or accounting officer stating: (i) that the signatory thereto such Officer has supervised a review of the activities of the Company and its Subsidiaries during such fiscal year with a view towards determining whether any Default or Event of Default has occurred; and (ii) whether, to such signatoryOfficer’s knowledge, a Default or Event of Default has occurred during the previous year or is continuing (and, if so, describing all such Defaults or Events of Default and what action the Company is taking or proposes to take with respect thereto).
Appears in 1 contract
Samples: Indenture (PetIQ, Inc.)
Annual Compliance Certificate. Within ninety (90) days after the last day end of each fiscal year of the Company, beginning with the first such fiscal year Company ending after the date of this IndentureIssue Date, the Company will deliver an Officer’s Certificate to the Exhibit 4.1 Executed Version Trustee stating (i) that the signatory thereto has supervised a review of the activities of the Company and its Subsidiaries during such fiscal year with a view towards determining whether any Default or Event of Default has occurred; and (ii) whether, to such signatory’s knowledge, a Default or Event of Default has occurred or is continuing (and, if so, describing all such Defaults or Events of Default and what action the Company is taking or proposes to take with respect thereto).
Appears in 1 contract
Samples: Indenture (K2m Group Holdings, Inc.)
Annual Compliance Certificate. Within ninety (90) days after the last day end of each fiscal year of the Company, beginning with the first such fiscal year Company ending after the Issue Date, which as of the date of this IndentureIndenture is December 31, the Company will deliver an Officer’s Certificate to the Trustee stating (i) that the signatory thereto has supervised a review of the activities of the Company and its Subsidiaries during such fiscal year with a view towards determining whether any Default or Event of Default has occurred; and (ii) whether, to such signatory’s knowledge, a Default or Event of Default has occurred or is continuing (and, if so, describing all such Defaults or Events of Default and what action the Company is taking or proposes to take with respect thereto).
Appears in 1 contract
Samples: Supernus Pharmaceuticals Inc