Common use of Certificate to Trustee Clause in Contracts

Certificate to Trustee. The Company will deliver to the Trustee within 120 days after the end of each fiscal year, an Officers’ Certificate, one of whose signatories shall be the Company’s principal executive, accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements contained herein (without regard to any period of grace or requirement of notice provided hereunder), stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 23 contracts

Samples: Senior Indenture (Commerce Union Bancshares, Inc.), Indenture (Amcol International Corp), Brown Forman Corp

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Certificate to Trustee. The Company will deliver to the Trustee within on or before 120 days after the end of each fiscal year in each year, commencing with the first fiscal year ending after the date hereof, so long as Securities are outstanding hereunder, an Officers' Certificate, one of whose signatories the signers of which shall be the Company’s principal executive, principal financial or principal accounting or financial officer, officer of the Company stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements covenants contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 22 contracts

Samples: Satisfaction And (Imperial Capital Trust I), Indenture (Onbancorp Inc), Indenture (Hubco Inc)

Certificate to Trustee. The Company will deliver to the Trustee within on or before 120 days after the end of each fiscal year in each year, commencing with the first fiscal year ending after the date hereof, so long as Securities are outstanding hereunder, an Officers' Certificate, one of whose signatories the signers of which shall be the Company’s principal executive, principal financial or principal accounting or financial officerofficer of the Company, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements covenants contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 21 contracts

Samples: Indenture (Ml Bancorp Inc), Indenture (Ucbh Trust Co), Indenture (New South Capital Trust I)

Certificate to Trustee. The Company will deliver to the Trustee within on or before 120 days after the end of each fiscal year in each year, commencing with the first fiscal year ending after the date hereof, so long as Securities are outstanding hereunder, an Officers' Certificate, one of whose signatories the signers of which shall be the Company’s principal executive, principal financial or principal accounting or financial officerofficer of the Company, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, covenants and conditions or agreements contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof. For purposes of this section such default shall be determined without regard to any period of grace or requirement of notice.

Appears in 5 contracts

Samples: Indenture (East West Bancorp Capital Trust I), Indenture (Independent Capital Trust Ii), R&g Financial Corp

Certificate to Trustee. The Company will deliver to the Trustee within 120 days after the end of each fiscal year, an Officers’ Certificatecommencing with the first calendar year of the issuance of Securities of any series under this Indenture, one so long as Securities of whose signatories shall be the Company’s principal executiveany series are outstanding hereunder, accounting or financial officer, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements covenants contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof, all without regard to periods of grace or notice requirements.

Appears in 4 contracts

Samples: Indenture (Countrywide Financial Corp), Indenture (Countrywide Home Loans Inc), Municipal Mortgage & Equity LLC

Certificate to Trustee. The Company will deliver to the Trustee Trustee, within 120 days after the end of each fiscal yearyear of the Company (beginning in 2012), an Officers’ Certificate, one of whose signatories shall be the Company’s principal executive, accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements contained herein (without regard to any period of grace or requirement of notice provided hereunder), stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 3 contracts

Samples: ITT Corp, Xylem Inc., Exelis Inc.

Certificate to Trustee. The Company will deliver to the Trustee Trustee, within 120 days after the end of each fiscal yearyear of the Company (beginning in 20__), an Officers’ Certificate, one of whose signatories shall be the Company’s principal executive, accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements contained herein (without regard to any period of grace or requirement of notice provided hereunder), stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 3 contracts

Samples: Leucadia National Corp, Leucadia National Corp, Leucadia National Corp

Certificate to Trustee. The Company will deliver to the Trustee within 120 days after the end of each fiscal year, an Officers' Certificate, one of whose signatories shall be the Company’s 's principal executive, accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements contained herein (without regard to any period of grace or requirement of notice provided hereunder), stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 3 contracts

Samples: NeoStem, Inc., Barrett Business Services Inc, Craft Brew Alliance, Inc.

Certificate to Trustee. The Company will deliver to the Trustee within on or before 120 days after the end of each fiscal year, commencing with the first fiscal year ending after the date hereof, so long as Securities are outstanding hereunder, an Officers' Certificate, one of whose signatories the signers of which shall be the Company’s principal executive, principal financial or principal accounting or financial officer, officer of the Company stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements covenants contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 2 contracts

Samples: Indenture (Safeco Corp), Indenture (Puget Sound Energy Inc)

Certificate to Trustee. The Company will deliver to the Trustee Trustee, within 120 days after the end of each fiscal yearyear of the Company (beginning in 2007), an Officers’ Certificate, one of whose signatories shall be the Company’s principal executive, accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements contained herein (without regard to any period of grace or requirement of notice provided hereunder), stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 2 contracts

Samples: Pepsico Inc, Pepsico Inc

Certificate to Trustee. The Company will deliver to the Trustee Trustee, within 120 days after the end of each fiscal yearyear of the Company (beginning in 2010), an Officers’ Officer’s Certificate, one of whose signatories shall be the Company’s principal executive, accounting or financial officer, stating that in the course of the performance by the signers signer of their his or her duties as officers officer of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements contained herein (without 42 regard to any period of grace or requirement of notice provided hereunder), stating whether or not they have he or she has knowledge of any such default and, if so, specifying each such default of which the signers have signer has knowledge and the nature thereof.

Appears in 2 contracts

Samples: Epicept Corporation (Epicept Corp), Epicept Corporation (Epicept Corp)

Certificate to Trustee. The Company will deliver to the Trustee Trustee, within 120 days after the end of each fiscal yearyear of the Company (beginning in 2010), an Officers’ Certificate, one of whose signatories shall be the Company’s principal executive, accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements contained herein (without regard to any period of grace or requirement of notice provided hereunder), stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 2 contracts

Samples: ITT Corp, Itt Corp

Certificate to Trustee. The Company will deliver to the Trustee Trustee, within 120 days after the end of each fiscal yearyear of the Company (beginning in 20[●]), an Officers’ Certificate, one of whose signatories shall be the Company’s principal executive, accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements contained herein (without regard to any period of grace or requirement of notice provided hereunder), stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 2 contracts

Samples: Xylem Inc., Xylem Inc.

Certificate to Trustee. The Company will deliver to the Trustee within on or before 120 days after the end of each fiscal year in each year, commenc- ing with the first fiscal year ending after the date hereof, so long as Securities are outstanding hereunder, an Officers' Certificate, one of whose signatories the signers of which shall be the Company’s principal executive, principal financial or principal accounting or financial officer, officer of the Company stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements covenants contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying specify- ing each such default of which the signers have knowledge and the nature thereof.

Appears in 1 contract

Samples: Indenture (Sovereign Bancorp Inc)

Certificate to Trustee. The Company will deliver to the Trustee Trustee, within 120 days after the end of each fiscal yearyear of the Company (beginning with the fiscal year 2024), an Officers’ Certificate, one Certificate signed by any two Authorized Officers of whose signatories shall be the Company’s principal executive, accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements contained herein (without regard to any period of grace or requirement of notice provided hereunder), stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereofthereof and the proposed steps to cure such default.

Appears in 1 contract

Samples: PepsiCo Singapore Financing I Pte. Ltd.

Certificate to Trustee. The Company will deliver furnish to the Trustee within 120 not more than 90 days after the end of each fiscal year, an Officers’ Certificate, one of whose signatories shall be the Company’s 's fiscal year in each year (beginning with fiscal 1993) a brief certificate from the principal executive, financial or accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers officer of the Company they would normally have as to his or her knowledge of any default by the Company in Company's compliance with all conditions and covenants under the performance of any of its covenants, conditions or agreements contained herein Indenture (such compliance to be determined without regard to any period of grace or requirement of notice provided hereunderunder the Indenture), stating whether that in the course of the performance by the signer of his or not they her duties as an officer of the Company, he or she would normally have knowledge of any such default by the Company and, if sohe or she has knowledge of any default, specifying each such default of which the signers have signer has knowledge and the nature thereof.

Appears in 1 contract

Samples: Comcast Cable Communications Inc

Certificate to Trustee. The Company will deliver to the Trustee within on or before 120 days after the end of each fiscal yearyear in each year commencing on February 28, an Officers’ Certificate1997, one so long as Securities of whose signatories shall be the Company’s any series are outstanding hereunder, a Certificate signed by its principal executiveexecutive officer, principal financial officer or principal accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements covenants contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 1 contract

Samples: Indenture (Countrywide Financial Corp)

Certificate to Trustee. The Company will deliver to the Trustee Trustee, within 120 days after the end of each fiscal yearyear of the Company (beginning in 2009), an Officers’ Certificate, one of whose signatories shall be the Company’s principal executive, accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements contained herein (without regard to any period of grace or requirement of notice provided hereunder), stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 1 contract

Samples: Epicept Corp

Certificate to Trustee. The Company will deliver to the Trustee within on or before 120 days after the end of each fiscal yearyear in each year commencing on __________, an Officers’ Certificate19__, one so long as Securities of whose signatories shall be the Company’s any series are outstanding hereunder, a Certificate signed by its principal executiveexecutive officer, principal financial officer or principal accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements covenants contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 1 contract

Samples: Indenture (Countrywide Capital Ii)

Certificate to Trustee. The Company will deliver to the Trustee Trustee, within 120 days after the end of each fiscal yearyear of the Company (beginning with the fiscal year ending closest to December 31, 2011), an Officers’ Officer’s Certificate, one of whose signatories signatory shall be the Company’s principal executive, accounting or financial officer, stating that in the course of the performance by the signers signer of their his or her duties as officers officer of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements contained herein (without regard to any period of grace or requirement of notice provided hereunder), stating whether or not they have he or she has knowledge of any such default and, if so, specifying each such default of which the signers have signer has knowledge and the nature thereof.

Appears in 1 contract

Samples: Avatar Holdings Inc

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Certificate to Trustee. The Company will deliver to the Trustee Trustee, within 120 days after the end of each fiscal yearyear of the Company ending after the initial issuance of Notes under this Indenture, an Officers’ Certificate, one of whose signatories shall be the CompanyOfficer’s principal executive, accounting or financial officer, Certificate that complies with TIA Section 314(a)(4) stating that in the course of the performance by the signers of their duties as officers of the Company Company, they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions covenants or agreements contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 1 contract

Samples: Keysight Technologies, Inc.

Certificate to Trustee. The Company will deliver to the Trustee within on or before 120 days after the end of each fiscal yearyear of the Company, commencing with the first fiscal year ending after the date hereof, so long as Securities are outstanding hereunder, an Officers' Certificate, one of whose signatories the signers of which shall be the Company’s principal executive, principal financial or principal accounting or financial officer, officer of the Company stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements covenants contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 1 contract

Samples: Xerox Corp

Certificate to Trustee. The Company will deliver to the Trustee Trustee, within 120 days after the end of each fiscal yearyear of the Company (beginning in 2008), an Officers’ Certificate, one of whose signatories shall be the Company’s principal executive, accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements contained herein (without regard to any period of grace or requirement of notice provided hereunder), stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 1 contract

Samples: Epicept Corp

Certificate to Trustee. The Company Corporation will deliver to the Trustee within on or before 120 days after the end of each fiscal year in each year, commencing with the first fiscal year ending after the date hereof, so long as Securities are outstanding hereunder, an Officers' Certificate, one of whose signatories the signers of which shall be the Company’s principal executive, principal financial or principal accounting or financial officer, officer of the Corporation stating that in the course of the performance by the signers of their duties as officers of the Company Corporation they would normally have knowledge of any default by the Company Corporation in the performance of any of its covenants, conditions or agreements covenants contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 1 contract

Samples: Peoples Heritage Financial Group Inc

Certificate to Trustee. The Company will deliver to the Trustee within on or before 120 days after the end of each fiscal year, commencing with the first fiscal year ending after the date hereof, so long as Securities are outstanding hereunder, an Officers' Certificate, one of whose signatories the signers of which shall be the Company’s principal executive, principal financial or principal accounting or financial officerofficer of the Company, stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements covenants contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 1 contract

Samples: Indenture (Equitable of Iowa Companies)

Certificate to Trustee. The Company will deliver to the Trustee within on or before 120 days after the end of each fiscal year in each year, commencing with the first fiscal year ending after the date hereof, so long as Securities are outstand- ing hereunder, an Officers' Certificate, one of whose signatories the signers of which shall be the Company’s principal executive, principal financial or principal accounting or financial officer, officer of the Company stating that in the course of the performance perfor- mxxxx by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements covenants contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 1 contract

Samples: Indenture (Bank of Boston Corp)

Certificate to Trustee. The Company will deliver to the Trustee within on or before 120 days after the end of each fiscal year in each year, an Officers’ Certificateso long as Securities of any series are outstanding hereunder, one of whose signatories shall be the Company’s principal executive, accounting or financial officer, a Certificate stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of the Company's compliance with all conditions and covenants and of any default by the Company in the performance of any of its covenants, conditions or agreements covenants contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of the Company's compliance with all conditions and covenants and of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 1 contract

Samples: Indenture (Unifi Inc)

Certificate to Trustee. The Company will deliver furnish to the Trustee within 120 not more than 90 days after the end of each fiscal year, an Officers’ Certificate, one of whose signatories shall be the Company’s 's fiscal year (beginning with fiscal 1995) in each year a brief certificate from the principal executive, financial or accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers officer of the Company they would normally have as to his or her knowledge of any default by the Company in the performance of any of its covenants, Company's compliance with all conditions or agreements contained herein and covenants under this Indenture (such compliance to be determined without regard to any period of grace or requirement of notice provided hereunderunder this Indenture), stating whether that in the course of the performance by the signer of his or not they her duties as an officer of the Company, he or she would normally have knowledge of any such default by the Company and, if sohe or she has knowledge of any default, specifying each such default of which the signers have signer has knowledge and the nature thereof.

Appears in 1 contract

Samples: Comcast Cable Communications Inc

Certificate to Trustee. The Company will deliver to the Trustee within on or before 120 days after the end of each fiscal year in each year, commencing with the first fiscal year ending after the date hereof, so long as Securities are outstanding hereunder, an Officers' Certificate, one of whose signatories the signers of which shall be the Company’s principal executive, principal financial or principal accounting or financial officer, officer of the Company stating that in the course of the performance by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements covenants contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying specify- ing each such default of which the signers have knowledge and the nature thereof.

Appears in 1 contract

Samples: Indenture (Xerox Capital Trust I)

Certificate to Trustee. The Company will deliver furnish to the ---------------------- Trustee within 120 not more than 90 days after the end of each fiscal year, an Officers’ Certificate, one of whose signatories shall be the Company’s 's fiscal year (beginning with fiscal 1995) in each year a brief certificate from the principal executive, financial or accounting or financial officer, stating that in the course of the performance by the signers of their duties as officers officer of the Company they would normally have as to his or her knowledge of any default by the Company in the performance of any of its covenants, Company's compliance with all conditions or agreements contained herein and covenants under this Indenture (such compliance to be determined without regard to any period of grace or requirement of notice provided hereunderunder this Indenture), stating whether that in the course of the performance by the signer of his or not they her duties as an officer of the Company, he or she would normally have knowledge of any such default by the Company and, if sohe or she has knowledge of any default, specifying each such default of which the signers have signer has knowledge and the nature thereof.

Appears in 1 contract

Samples: Indenture (Continental Cablevision Inc)

Certificate to Trustee. The Company will deliver to the Trustee Trustee, within 120 days after the end of each fiscal yearyear of the Company (beginning with the fiscal year ending closest to December 31, ), an Officers’ Officer’s Certificate, one of whose signatories signatory shall be the Company’s principal executive, accounting or financial officer, stating that in the course of the performance by the signers signer of their his or her duties as officers officer of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements contained herein (without regard to any period of grace or requirement of notice provided hereunder), stating whether or not they have he or she has knowledge of any such default and, if so, specifying each such default of which the signers have signer has knowledge and the nature thereof.

Appears in 1 contract

Samples: AV Homes, Inc.

Certificate to Trustee. The Company will deliver to the Trustee within on or before 120 days after the end of each fiscal year in each year, commencing with the first fiscal year ending after the date hereof, so long as Securities are outstand- ing hereunder, an Officers' Certificate, one of whose signatories the signers of which shall be the Company’s principal executive, principal financial or principal accounting or financial officer, officer of the Company stating that in the course of the performance perfor- xxxxx by the signers of their duties as officers of the Company they would normally have knowledge of any default by the Company in the performance of any of its covenants, conditions or agreements covenants contained herein (without regard to any period of grace or requirement of notice provided hereunder)herein, stating whether or not they have knowledge of any such default and, if so, specifying each such default of which the signers have knowledge and the nature thereof.

Appears in 1 contract

Samples: Community Bank System Inc

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