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 Lenders pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each, a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer, or Treasurer of the Borrower, in the form of Exhibit 8.3.3, to the effect that, except as described pursuant to Section 8.3.5 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 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 8.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with On or prior to the date that the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders pursuant to Sections Section 8.3.1 [Quarterly Financial Statements] and Section 8.3.2 [Annual Financial Statements]] are required to be furnished, a certificate (each, each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer, Officer or Treasurer of the Borrower, in the form of Exhibit 8.3.38.3.4, to the effect that, except as described pursuant to Section 8.3.5 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 [Representations and Warranties] and in the other Loan Documents are true in all material respects 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 certificate, (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with the Financial Covenants and (iv) describing the commodity Swap Agreements in place to which any Loan Party is a party and confirming that all financial covenants contained in such Swap Agreements are Swap Agreements that the Loan Parties are permitted to enter under Section 8.2 8.2.12 [Negative CovenantsSwaps].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 7.3.1 [Quarterly Financial Statements] and 8.3.2 7.3.2 [Annual Financial Statements], a certificate (each, a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, Treasurer or Chief Financial Officer, or Treasurer Officer of the Borrower, in the form of Exhibit 8.3.37.3.3 (each a "Compliance Certificate"), to the effect that, except as described pursuant to Section 8.3.5 7.3.5 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 5.1 [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 8.2 7.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each, each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer, Officer or Treasurer other Authorized Officer of the Borrower, in the form of Exhibit 8.3.3, to the effect that, except as described pursuant to Section 8.3.5 8.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 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 8.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each, a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer, or Treasurer of the Borrower, in the form of Exhibit 8.3.3, to the effect that, except as described pursuant to Section 8.3.5 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 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 8.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each, each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer, Officer or Treasurer other Authorized Officer of the Borrower, in the form of Exhibit 8.3.3, to the effect that, except as described pursuant to Section 8.3.5 8.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 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 8.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each, each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer, or Treasurer Officer of the Borrower, in the form of Exhibit 8.3.38.3.4, to the effect that, except as described pursuant to Section 8.3.5 8.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 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 8.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders pursuant to Sections 8.3.1 7.3.1 [Quarterly Financial Statements] and 8.3.2 7.3.2 [Annual Financial Statements], a certificate (each, each a “"Compliance Certificate”") of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer, Officer or Treasurer Chief Accounting Officer of the Borrower, in the form of Exhibit 8.3.3EXHIBIT 7.3.3, to the effect that, except as described pursuant to Section 8.3.5 7.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 5 and in the other Loan Documents are true in all material respects 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 8.2 7.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 7.3.1 [Quarterly Financial Statements] and 8.3.2 7.3.2 [Annual Financial Statements], a certificate (each, a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, Treasurer or Chief Financial Officer (provided, that the certificate that accompanies the annual financial statements shall be certified by any two of the Chief Executive Officer, the Treasurer and the Chief Financial Officer, or Treasurer ) of the Borrower, in the form of Exhibit 8.3.3, 7.3.3 (each a “Compliance Certificate”) to the effect that, except as described pursuant to Section 8.3.5 7.3.5 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 5.1 [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 to the extent that any such representation or warranty expressly relates solely to a previous date in which case such representations and warranties which expressly relate solely to an earlier date or timeare true and correct as of such date) 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 certificate, (iii) containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 8.2 7.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 7.3.1 [Monthly Financial Statements], 7.3.2. [Quarterly Financial Statements] and 8.3.2 7.3.3 [Annual Financial Statements], a certificate (each, a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer, or Treasurer Officer of the Borrower, in the form of Exhibit 8.3.37.3.4, to the effect that, except as described pursuant to Section 8.3.5 7.3.5 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 5 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 8.2 7.2 [Negative Covenants] (provided that the monthly report need only address the financial covenant set forth in Section 7.2.18 [Liquidity Ratio]).

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders pursuant to Sections 8.3.1 8.3.2 [Quarterly Financial Statements] and 8.3.2 8.3.3 [Annual Financial Statements], a certificate (each, each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer, or Treasurer Officer of the Borrower, in the form of Exhibit 8.3.38.3.4, to the effect that, except as described pursuant to Section 8.3.5 [Notice of Default], (i) the representations and warranties of the Borrower Loan Parties contained in Section 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 8.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower Company furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 7.3.1 [Quarterly Financial Statements] and 8.3.2 7.3.2 [Annual Financial Statements], a certificate (each, a “Compliance Certificate”) of the Borrower and the Company signed by the Chief Executive Officer, President, President or Chief Financial Officer, or Treasurer Officer of the BorrowerBorrower and the Company, in the form of Exhibit 8.3.3EXHIBIT 7.3.3 (each a "Compliance Certificate"), to the effect that, except as described pursuant to Section 8.3.5 7.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 5 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 8.2 7.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 7.3.1 [Quarterly Financial Statements] and 8.3.2 7.3.2 [Annual Financial Statements], a certificate (each, each a “"Compliance Certificate”") of the Borrower signed by an Authorized Officer or the Chief Executive Officer, President, Chief Financial Officer, or Treasurer Director of Tax and Treasury of the Borrower, in the form of Exhibit 8.3.37.3.3, to the effect that, except as described pursuant to Section 8.3.5 7.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 5 and in the other Loan Documents are true in all material respects 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 in all material respects 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 8.2 7.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements statements, 10-K’s or 10-Q’s of the Borrower MLP furnished to the Administrative Agent and to the Lenders pursuant to Sections 8.3.1 8.3.2 [Quarterly Financial Statements] and 8.3.2 8.3.3 [Annual Financial Statements], a certificate (each, each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer, or Treasurer Officer of the Borrower, in the form of Exhibit 8.3.38.3.4, to the effect that, except as described pursuant to Section 8.3.5 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 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 statements, 10-K’s or 10-Q’s with all financial covenants contained in Section 8.2 [Negative Covenants].”

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders pursuant to Sections 8.3.1 7.3.1 [Quarterly Financial Statements] and 8.3.2 7.3.2 [Annual Financial Statements], a certificate (each, each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer, Officer or Treasurer other authorized officer of the Borrower, or by an authorized officer of Advisor, in the form of Exhibit 8.3.37.3.4, to the effect that, except as described pursuant to Section 8.3.5 7.3.5 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 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 Borrower has 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 8.2 7.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders pursuant to Sections 8.3.1 Section 7.03(a) [Quarterly Financial Statements] and 8.3.2 Section 7.03(b) [Annual Financial Statements], a certificate (each, each a “"Compliance Certificate”") of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer, or Treasurer Officer of the Borrower, in the form of Exhibit 8.3.37.03(C), to the effect that, except as described pursuant to Section 8.3.5 7.03(d) [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 Article V 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 8.2 7.02 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 7.3.1 [Quarterly Financial Statements] and 8.3.2 7.3.2 [Annual Financial Statements], a certificate (each, each a “"Compliance Certificate”") of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer, or Treasurer Officer of the Borrower, in the form of Exhibit 8.3.3EXHIBIT 7.3.3, to the effect that, except as described pursuant to Section 8.3.5 7.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 5 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 8.2 7.2 [Negative Covenants].

Certificate of the Borrower. (i) Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 7.3.1 [Quarterly Monthly Financial Statements] and 8.3.2 7.3.2 [Annual Financial Statements], a certificate (each, a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer, or Treasurer Officer of the Borrower, in the form of Exhibit 8.3.37.3.3 (the "Compliance Certificate"), to the effect that, except as described pursuant to Section 8.3.5 7.3.5 [Notice of Default], (ia) the representations and warranties of the Borrower contained in Section 6 5 and in the other Loan Documents are true on and as of the date of such certificate in all material respects 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, and (iib) no Event of Default or Potential Default exists and is continuing on the date of such certificate, and such certificate and (iii) containing shall contain calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 8.2 7.2 [Negative Covenants]. Without limiting in any way Borrower's obligation to retain records for any other purpose, Borrower shall archive and maintain all RMR data upon which all monthly reports hereunder are based, organizing the data in a manner corresponding to such reports.

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each, a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, Treasurer or Chief Financial Officer, or Treasurer Officer of the Borrower, in the form of Exhibit 8.3.3------- 8.3.3 (each a "Compliance Certificate"), to the effect that, except as described --------------------------------------- pursuant to Section 8.3.5 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 6.1 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 8.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 7.3.1 [Quarterly Financial Statements] and 8.3.2 7.3.2 [Annual Financial Statements], a certificate (each, each a “"Compliance Certificate”") of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer, or Treasurer an Authorized Officer of the Borrower, in the form of Exhibit 8.3.37.3.3, to the effect that, except as described pursuant to Section 8.3.5 7.3.4 [Notice of Default], (i) the representations and warranties of the Borrower Loan Parties contained in Section 6 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 8.2 7.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each, a “"Compliance Certificate”") of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer, or Treasurer of the Borrower, in the form of Exhibit 8.3.3, to the effect that, except as described pursuant to Section 8.3.5 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 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 8.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders pursuant to Sections 8.3.1 7.3.1 [Quarterly Financial Statements] and 8.3.2 7.3.2 [Annual Financial Statements], a certificate (each, each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer, Officer or Treasurer Chief Accounting Officer of the Borrower, in the form of Exhibit 8.3.37.3.3, to the effect that, except as described pursuant to Section 8.3.5 7.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 5 and in the other Loan Documents are true in all material respects 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 8.2 7.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 7.3.1 [Quarterly Financial Statements] and 8.3.2 7.3.2 [Annual Financial Statements], a certificate (each, each a “"Compliance Certificate”") of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer, or Treasurer Officer of the Borrower, in the form of Exhibit 8.3.37.3.3, to the effect that, except as described pursuant to Section 8.3.5 7.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 and in the other Loan Documents are true in all material respects 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 8.2 7.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 7.3.1 [Quarterly Financial Statements] and 8.3.2 7.3.2 [Annual Financial Statements], a certificate (each, each a “"Compliance Certificate”") of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer, Treasurer or Assistant Treasurer of the Borrower, in the form of Exhibit 8.3.3EXHIBIT 7.3.3, to the effect that, except as described pursuant to Section 8.3.5 7.3.5 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 5.1 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 8.2 7.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders pursuant to Sections 8.3.1 [Monthly Financial Statements], 8.3.2 [Quarterly Financial Statements] and 8.3.2 8.3.3 [Annual Financial Statements], a certificate (each, each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer, or Treasurer of the Borrower, in the form of Exhibit 8.3.38.3.4, to the effect that, except as described pursuant to Section 8.3.5 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 5.1 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 8.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders pursuant to Sections 8.3.1 Section 7.03(a) [Quarterly Financial Statements] and 8.3.2 Section 7.03(b) [Annual Financial Statements], a certificate (each, each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer, or Treasurer Officer of the Borrower, in the form of Exhibit 8.3.37.03(C), to the effect that, except as described pursuant to Section 8.3.5 7.03(d) [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 6 Article V 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 the limitations on Unrestricted Subsidiaries set forth at Section 7.02(h)(iii) and with all financial covenants contained in Section 8.2 7.02 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each, each a “"Compliance Certificate”") of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer, or Treasurer Officer of the Borrower, in the form of Exhibit 8.3.3, to the effect that, except as described pursuant to Section 8.3.5 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 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 8.2 [Negative Covenants]. With each such quarterly certificate, the Borrower shall deliver a report of all pending jobs of the Loan Parties with a value in excess of $2,500,000.

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each, each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, Chief Financial Officer, Officer or Treasurer other Authorized Officer of the Borrower, in the form of Exhibit 8.3.3, to the effect that, except as described pursuant to Section 8.3.5 8.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 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 8.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements statements, 10-Ks or 10-Qs of the Borrower MLP furnished to the Administrative Agent and to the Lenders pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each, each a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer, or Treasurer Officer of the Borrower, in the form of Exhibit 8.3.3, to the effect that, except as described pursuant to Section 8.3.5 8.3.4 [Notice of Default], (i) the representations and warranties of the Borrower contained in Section 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 statements, 10-Ks or 10-Qs with all financial covenants contained in Section 8.2 [Negative Covenants].

Certificate of the Borrower. Concurrently with the financial statements of the Borrower furnished to the Administrative Agent and to the Lenders Banks pursuant to Sections 8.3.1 [Quarterly Financial Statements] and 8.3.2 [Annual Financial Statements], a certificate (each, a “Compliance Certificate”) of the Borrower signed by the Chief Executive Officer, President, President or Chief Financial Officer, or Treasurer Officer of the Borrower, in the form of Exhibit EXHIBIT 8.3.3, to the effect that, except as described pursuant to Section 8.3.5 8.3.4 [Notice of Default]] or as otherwise specified in such certificate, (i) the representations and warranties of the Borrower contained in Section 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, 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 8.2 [Negative Covenants].