Certificate; No Default. With each of the financial reports required to be furnished under this Section, a certificate of the Company's chief executive officer or chief financial officer stating that (a) no Event of Default has occurred and is continuing and no event or circumstance which would constitute an Event of Default, but for the requirement that notice be given, time elapse or otherwise, has occurred and is continuing, or, if such an Event of Default or such event or circumstance has occurred and is continuing, a statement as to the nature thereof and the action which the Company proposes to take with respect thereto, and that (b) no action, suit or proceeding b y it or against it at law or in equity, or before any governmental instrumentality or agency, is pending or threatened, which, if adversely determined, would materially impair the right or ability of the Company to carry on the business which is contemplated in connection with the Project or would materially impair the right or ability of the Company to perform the transactions contemplated by this Agreement, the other Loan Documents or the Lender Loan Documents or would materially and adversely affect its business, operations, properties, assets or condition, all as of the date of such certificate, except as disclosed in such certificate.
Certificate; No Default. With each of the financial reports required to be furnished under this Section, a certificate of the Borrower’s chief executive officer, chief financial officer, or managing member in the form attached hereto as Exhibit C, stating that (a) no Event of Default has occurred and is continuing and no event or circumstance which would constitute an Event of Default, but for the requirement that notice be given, time elapse or otherwise, has occurred and is continuing, or, if such an Event of Default or such event or circumstance has occurred and is continuing, a statement as to the nature thereof and the action which the Borrower has taken or proposes to take with respect thereto, that (b) no action, suit or proceeding by Borrower or against Borrower at law or in equity, or before any Governmental Authority, is pending or, to the knowledge of Borrower threatened, which, if adversely determined, would materially impair the right or ability of the Borrower to carry on its business or would materially impair the right or ability of the Borrower to perform its obligations under the Loan Documents or would materially and adversely affect its business, operations, properties, assets or condition, and that (c) no material adverse change has occurred with respect to the Borrower or its business or financial condition, all as of the date of such certificate, except as disclosed in such certificate.
Certificate; No Default. With each of the financial reports required to be furnished under this Section, a certificate of the Company’s chief executive officer or chief financial officer stating that (a) no Event of Default has occurred and is continuing and no event or circumstance which would constitute an Event of Default, but for the requirement that notice be given, time elapse or otherwise, has occurred and is continuing, or, if such an Event of Default or such event or circumstance has occurred and is continuing, a statement as to the nature thereof and the action which the Company proposes to take with respect thereto, and that (b) no action, suit or proceeding by either the Company or the Guarantor or against either party at law or in equity, or before any governmental instrumentality or agency, is pending or threatened, which, if adversely determined, would materially impair the right or ability of the Company to carry on the business which is contemplated in connection with the Project, or would materially impair the right or ability of such party to perform the transactions contemplated by this Agreement, the other Loan Documents to which it is a party or would materially and adversely affect such party’s business, operations, properties, assets or condition, all as of the date of such certificate, except as disclosed in such certificate.
Certificate; No Default. With each of the financial reports required to be furnished under this Section, a certificate that satisfies Section 7.7(f)(i) of the Loan Agreement.
Certificate; No Default. With each of the financial reports required to be furnished under this Section, a certificate of the Guarantor’s chief executive officer, chief financial officer or Vice President stating that (a) no Event of Default has occurred and is continuing and no event or circumstance which would constitute an Event of Default, but for the requirement that notice be given or time elapse or both, has occurred and is continuing, or, if such an Event of Default or such event or circumstance has occurred and is continuing, a statement as to the nature thereof and the action which the Guarantor proposes to take with respect thereto, and that (b) no action, suit or proceeding by it or against it at law or in equity, or before any governmental instrumentality or agency, is pending or to the knowledge of the Guarantor’s officers threatened in writing, which, if adversely determined, would be reasonably likely to have a material adverse effect on the Guarantor or on the TDD Bonds Beneficiary to carry on the business which is contemplated in connection with the Project, all as of the date of such certificate, except as disclosed in such certificate.
Certificate; No Default. With the financial reports required to be furnished under this Section, a certificate in the form attached hereto as Exhibit H and made a part hereof.
Certificate; No Default. With each of the financial reports required to be furnished under this Section, a certificate of the Borrower’s chief executive officer or chief financial officer in the form prescribed by the Director from time to time, stating that
Certificate; No Default. With the financial reports required to be furnished under this Section, a certificate of the Company’s chief executive officer or chief financial officer stating that (a) no Event of Default has occurred and is continuing and no event or circumstance which could constitute an Event of Default, but for the requirement that notice be given or time elapse or both, has occurred and is continuing, or, if such an Event of Default or such event or circumstance has occurred and is continuing, a statement as to the nature thereof and the action which the Company proposes to take with respect thereto, and that (b) no action, suit or proceeding by it or against it at law or in equity, or before any governmental instrumentality or agency, is pending or threatened, which is likely to materially impair the right or ability of the Company to carry on the business which is contemplated in connection with the Project or would materially impair the right or ability of the Company to perform the transactions contemplated by this Loan Agreement or would materially and adversely affect its business, operations, assets or condition, all as of the date of such certificate, except as disclosed in such certificate. The Company shall also provide to the Director such other information respecting the business, properties or the condition or operations, financial or otherwise, of the Company as the Director may reasonably request.
Certificate; No Default. With each of the financial reports required to be furnished under this Section, (I) a certificate in form and substance as described in Section 7.5(a)(iii)(D) of the Loan Agreement, and (II) a certificate of Tenant’s chief executive officer, chief financial officer, treasurer, assistant treasurer, controller or vice president and stating that (a) no Event of Default has occurred and is continuing and no event or circumstance which would constitute an Event of Default, but for the requirement that notice be given or time elapse or both, has occurred and is continuing, or, if such an Event of Default or such event or circumstance has occurred and is continuing, a statement as to the nature thereof and the action which Tenant proposes to take with respect thereto, and (b) no action, suit or proceeding by Tenant or any other Guarantor or against any of them at law or in equity, or before any governmental instrumentality or agency, is pending or to the knowledge of Tenant’s officers threatened, which, if adversely determined, would impair the right or ability of Tenant or any other Guarantor to carry on the business which is contemplated in connection with the Project or would impair the right or ability of Tenant or any other Guarantor to perform the transactions contemplated by the Loan Documents or would materially and adversely affect the business, operations, assets or financial condition of Tenant or any Guarantor, all as of the date of such certificate, except as disclosed in such certificate.
Certificate; No Default. With each of the financial statements required to be furnished pursuant to this Section, a certificate of the City’s chief financial officer stating that (a) no Event of Default has occurred and is continuing and no event or circumstance which would constitute an Event of Default, but for the requirement that notice be given or time elapse or both, has occurred and is continuing, or, if such an Event of Default or such event or circumstance has occurred and is continuing a statement as to the nature thereof and the action which the City shall propose to take with respect thereto, and (b) no action, suit or proceeding by the City or against the City at law or in equity, or before any governmental instrumentality or agency, is pending or, to the best of the City’s knowledge; threatened, which, if adversely determined, would materially impair the right or ability of the City to carry on the business which is contemplated in connection with the Project or would materially impair the right or ability of the City to perform the transactions contemplated by the Loan Documents, all as of the date of such certificate, except as disclosed in such certificate.
