Common use of Certificate of the Borrower Clause in Contracts

Certificate of the Borrower. Concurrently with the financial statements the Company furnished to the Agent and to the Banks pursuant to Sections 8.3.1 and 8.3.2, a certificate (each a "COMPLIANCE CERTIFICATE") of the Company signed by a Responsible Officer of the Company, in the form of EXHIBIT 8.3.4, to the effect that, except as described pursuant to Section 8.3.4, (i) the representations and warranties of the Borrowers 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 8.1.14.

Certificate of the Borrower. Concurrently with the financial statements of the Company Borrower furnished to the Agent and to the Banks Lenders pursuant to Sections 8.3.1 6.3.1 and 8.3.26.3.2, a certificate (each a "COMPLIANCE CERTIFICATE") of the Company Borrower signed by a Responsible Officer an Authorized Representative of the CompanyBorrower, in the form of EXHIBIT 8.3.4Exhibit 6.3.3, to the effect that, except as described pursuant to Section 8.3.46.3.4, (i) the representations and warranties of the Borrowers 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 Unmatured 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 8.1.146.2.14 and determining the Applicable Margin and the Applicable Fee Rate.

Certificate of the Borrower. Concurrently with the financial statements the Company furnished to the Administrative Agent and to the Banks Lenders pursuant to Sections 8.3.1 7.3.1 and 8.3.27.3.2, a certificate (each a "COMPLIANCE CERTIFICATE") of the Company signed by a Responsible Officer of the Company, in the form of EXHIBIT 8.3.47.3.3, to the effect that, except as described pursuant to Section 8.3.47.3.4, (i) the representations and warranties of the Borrowers 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 8.1.14Sections 7.1.15 and 7.1.16.

Certificate of the Borrower. Concurrently with the financial statements of the Company Borrower furnished to the Agent and to the Banks pursuant to Sections 8.3.1 7.3.1 and 8.3.27.3.2, a certificate (each a "COMPLIANCE CERTIFICATE") of the Company Borrower signed by a Responsible the Chief Executive Officer, President or Chief Financial Officer of the CompanyBorrower, in the form of EXHIBIT 8.3.4Exhibit 7.3.3, to the effect that, except as described pursuant to Section 8.3.47.3.4, (i) the representations and warranties of the Borrowers contained in Section 6 Article 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 Borrower has 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, 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 8.1.147.2.

Certificate of the Borrower. Concurrently with the financial statements the Company of'the Borrower furnished to the Agent and to the Banks pursuant to Sections 8.3.1 8.3.1, 8.3.2 and 8.3.28.3.3, a certificate (each a "COMPLIANCE CERTIFICATE") of the Company Borrower signed by a Responsible the Chief Executive Officer, President or Chief Financial Officer of the CompanyBorrower, in the form of EXHIBIT Exhibit 8.3.4, to the effect that, except as described pursuant to Section 8.3.4, (i) the i)the representations and warranties of the Borrowers Borrower contained in Section 6 5.10 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 time)and the Loan Parties have performed and complied with all covenants and conditions hereof, (ii) no ii)no Event of Default or Potential Default exists and is continuing on the date of such certificate, certificate and (iii) containing iii)containing calculations in sufficient detail to demonstrate compliance as of the date of such financial statements with all financial covenants contained in Section 8.1.148.2.

Certificate of the Borrower. Concurrently with the financial statements of the Company Borrower furnished to the Agent and to the Banks pursuant to Sections 8.3.1 8.3.2 and 8.3.28.3.3, a certificate (each a "COMPLIANCE CERTIFICATE") of the Company Borrower signed by a Responsible the Chief Executive Officer, President or Chief Financial Officer of the CompanyBorrower, in the form of EXHIBIT Exhibit 8.3.4, to the effect that, except as described pursuant to Section 8.3.48.3.6, (i) the representations and warranties of the Borrowers 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, 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 8.1.148.2.

Certificate of the Borrower. Concurrently with the financial statements of the Company furnished to the Administrative Agent and to the Revolving Credit Banks pursuant to Sections 8.3.1 7.3.1 and 8.3.27.3.2, a certificate (each a "COMPLIANCE CERTIFICATE") of the Borrower and the Company signed by a Responsible the Chief Executive Officer, President or Chief Financial Officer of the Borrower and the Company, in the form of EXHIBIT 8.3.47.3.3, to the effect that, except as described pursuant to Section 8.3.47.3.4, (i) the representations and warranties of the Borrowers contained in Section 6 Article 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, 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 8.1.147.2.

Certificate of the Borrower. Concurrently with the financial statements of the Company Borrower furnished to the Administrative Agent and to the Banks Lenders pursuant to Sections 8.3.1 8.3.2 and 8.3.28.3.3, a certificate (each a "COMPLIANCE CERTIFICATE") of the Company Borrower signed by a Responsible the Chief Executive Officer, President or Chief Financial Officer of the CompanyBorrower, in the form of EXHIBIT Exhibit 8.3.4, to the effect that, except as described pursuant to Section 8.3.48.3.6, (i) the representations and warranties of the Borrowers 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, 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 8.1.148.2.

Certificate of the Borrower. Concurrently with the financial statements the Company furnished to the Agent and to the Banks pursuant to Sections 8.3.1 and 8.3.28.3.3, a certificate (each a "COMPLIANCE CERTIFICATE") of the Company Loan Parties signed by a Responsible the Chief Executive Officer, President or Chief Financial Officer of the CompanyBorrowers, in the form of EXHIBIT Exhibit 8.3.4, to the effect that, except as described pursuant to Section 8.3.48.3.5, (i) the representations and warranties of the Borrowers 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, 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 8.1.148.2.

Certificate of the Borrower. Concurrently with the financial statements of the Company Borrower furnished to the Agent and to the Banks pursuant to Sections 8.3.1 8.3.2 and 8.3.28.3.3, a certificate (each a "COMPLIANCE CERTIFICATE") of the Company Borrower signed by a Responsible the Chief Executive Officer, President or Chief Financial Officer of the CompanyBorrower, in the form of EXHIBIT 8.3.4, to the effect that, except as described pursuant to Section 8.3.48.3.6, (i) the representations and warranties of the Borrowers 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, 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 8.1.148.2.

Certificate of the Borrower. Concurrently with the financial statements of the Company Borrower furnished to the Agent and to the Banks NCB pursuant to Sections 8.3.1 7.3.1 and 8.3.27.3.2, a certificate (each a "COMPLIANCE CERTIFICATE") of the Company Borrower signed by a Responsible the Chief Executive Officer, President or Chief Financial Officer of the CompanyBorrower, in the form of EXHIBIT 8.3.4Exhibit 7.3.3, to the effect that, except as described pursuant to Section 8.3.47.3.4, (i) the representations and warranties of the Borrowers 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 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, 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 8.1.147.2.

Certificate of the Borrower. Concurrently with the financial statements of the Company furnished to the Administrative Agent and to the Banks pursuant to Sections 8.3.1 7.3.1 and 8.3.27.3.2, a certificate (each a "COMPLIANCE CERTIFICATE") of the Borrower and the Company signed by a Responsible the Chief Executive Officer, President or Chief Financial Officer of the Borrower and the Company, in the form of EXHIBIT 8.3.47.3.3, to the effect that, except as described pursuant to Section 8.3.47.3.4, (i) the representations and warranties of the Borrowers contained in Section 6 Article 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, 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 8.1.147.2 and to compute the Fixed Charge Coverage Ratio.

Certificate of the Borrower. Concurrently with the financial statements of the Company Borrower furnished to the Agent and to the Banks Bank pursuant to Sections 8.3.1 and 8.3.2, a certificate (each a "COMPLIANCE CERTIFICATE") of the Company Borrower signed by a Responsible the Chief Executive Officer, President or Chief Financial Officer of the CompanyBorrower, in form acceptable to the form of EXHIBIT 8.3.4Bank, to the effect that, except as described pursuant to Section 8.3.4, (i) the representations and warranties of the Borrowers Borrower contained in Section Article 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 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, 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 8.1.148.2.