Common use of Certificate of the Borrower Clause in Contracts

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Banks pursuant to Sections 7.3.1 [Quarterly Financial Statements] and 7.3.2 [Annual Financial Statements], a certificate (each a "Compliance Certificate") of the Borrower signed by an Authorized Officer of the Borrower, in the form of Exhibit 7.3.3, to the effect that, except as described therein consistent with Section 5.2 [Updates to Schedules] or pursuant to Section 7.3.4 [Notice of Default], (i) the representations and warranties of the Loan Parties contained in Section 5 [Representations and Warranties] and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 7.2 [Negative Covenants].

Appears in 1 contract

Samples: Credit Agreement (Papa Johns International Inc)

AutoNDA by SimpleDocs

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Banks Lenders pursuant to Sections 7.3.1 8.3.1 [Quarterly Financial Statements] and 7.3.2 8.3.2 [Annual Financial Statements], a certificate (each a "Compliance Certificate") of the Borrower signed by an the Chief Executive Officer, President, Chief Financial Officer or other Authorized Officer of the Borrower, in the form of Exhibit 7.3.38.3.3, to the effect that, except as described therein consistent with Section 5.2 [Updates to Schedules] or pursuant to Section 7.3.4 8.3.4 [Notice of Default], (i) the representations and warranties of the Loan Parties Borrower contained in Section 5 6.1 [Representations and Warranties] and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 7.2 8.2 [Negative Covenants].

Appears in 1 contract

Samples: Credit Agreement (Federated Hermes, Inc.)

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Banks pursuant to Sections 7.3.1 [Quarterly Financial Statements] and 7.3.2 [Annual Financial Statements], a certificate (each a "Compliance Certificate") of the Borrower signed by an Authorized the Chief Executive Officer, President, Chief Financial Officer or Vice President of Corporate Finance of the Borrower, in the form of Exhibit 7.3.3, to the effect that, except as described therein consistent with Section 5.2 [Updates to Schedules] or pursuant to Section 7.3.4 [Notice of Default], (i) the representations and warranties of the Loan Parties contained in Section 5 [Representations and Warranties] and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 7.2 [Negative Covenants].

Appears in 1 contract

Samples: Credit Agreement (Papa Johns International Inc)

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Banks pursuant to Sections 7.3.1 [Quarterly Financial Statements] and 7.3.2 [Annual Financial Statements], a certificate (each a "Compliance Certificate") of the Borrower signed by an Authorized the Chief Executive Officer, President, Treasurer or Chief Financial Officer of the Borrower, in the form of Exhibit EXHIBIT 7.3.3, to the effect that, except as described therein consistent with Section 5.2 [Updates to Schedules] or pursuant to Section 7.3.4 [Notice of Default], (i) the representations and warranties of the Loan Parties Borrower contained in Section 5 [Representations and Warranties] and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or timetime which shall be true and correct on and as of the specific dates or times referred to therein) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 7.2 [Negative Covenants].

Appears in 1 contract

Samples: Pledge Agreement (Arch Coal Inc)

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Revolving Credit Banks pursuant to Sections 7.3.1 [Quarterly Financial Statements] and 7.3.2 [Annual Financial Statements], a certificate (each a "Compliance Certificate") of the Borrower signed by an Authorized the Chief Executive Officer, President or Chief Financial Officer of the Borrower, in the form of Exhibit EXHIBIT 7.3.3, to the effect that, except as described therein consistent with Section 5.2 [Updates to Schedules] or pursuant to Section 7.3.4 [Notice of Default], (i) the representations and warranties of the Loan Parties Borrower contained in Section 5 [Representations and Warranties] and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or timetime which shall be true and correct on and as of the specific dates or times referred to therein) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 7.2 [Negative Covenants].

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

AutoNDA by SimpleDocs

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Banks pursuant to Sections 7.3.1 8.3.1 [Quarterly Financial Statements] and 7.3.2 8.3.2 [Annual Financial Statements], a certificate (each a "Compliance Certificate") of the Borrower signed by an Authorized Officer the Chief Executive Officer, President or Treasurer of the Borrower, in the form of Exhibit 7.3.38.3.4, to the effect that, except as described therein consistent with Section 5.2 [Updates to Schedules] or pursuant to Section 7.3.4 8.3.4 [Notice of Default], (i) the representations and warranties of the Loan Parties Borrower contained in Section 5 [Representations and Warranties] 6 and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or time) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 7.2 8.2 [Negative Covenants].

Appears in 1 contract

Samples: Credit Agreement (Ii-Vi Inc)

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Banks pursuant to Sections 7.3.1 [Quarterly Financial Statements] and 7.3.2 [Annual Financial Statements], a certificate (each a "Compliance Certificate") of the Borrower signed by an Authorized the Chief Executive Officer, President or Chief Financial Officer of the Borrower, in the form of Exhibit EXHIBIT 7.3.3, to the effect that, except as described therein consistent with Section 5.2 [Updates to Schedules] or pursuant to Section 7.3.4 [Notice of Default], (i) the representations and warranties of the Loan Parties Borrower contained in Section 5 [Representations and Warranties] and in the other Loan Documents are true on and as of the date of such certificate with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which expressly relate solely to an earlier date or timetime which shall be true and correct on and as of the specific dates or times referred to therein) and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no Event of Default or Potential Default exists and is continuing on the date of such certificate and (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 7.2 [Negative Covenants].

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.