Common use of Compliance Certificate; Statements as to Defaults Clause in Contracts

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 9 contracts

Samples: Indenture (John Bean Technologies CORP), Indenture (Oak Street Health, Inc.), Indenture (Fastly, Inc.)

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Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 9 contracts

Samples: Subscription Agreement (GigCapital2, Inc.), Indenture (Kaleyra, Inc.), Indenture (Lightning eMotors, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 8 contracts

Samples: Indenture (Cardlytics, Inc.), Indenture (OMNICELL, Inc), Indenture (Datadog, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) an Officer’s Officers’ Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred default during the previous year andyear, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as reasonably practicable, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Officers’ Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is shall not be required to deliver such notice if such the Event of Default or Default has been cured or is no longer continuingcured.

Appears in 6 contracts

Samples: Supplemental Indenture (Match Group, Inc.), Qualified Purchaser (Iac/Interactivecorp), Supplemental Indenture (Match Group, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 4 contracts

Samples: Indenture (CSG Systems International Inc), Indenture (Zynex Inc), Uber Technologies (Uber Technologies, Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 4 contracts

Samples: Indenture (UpHealth, Inc.), Indenture (Impinj Inc), Indenture (Alnylam Pharmaceuticals, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December January 31, 20212019) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 3 contracts

Samples: Indenture (Docusign Inc), Indenture (Splunk Inc), Indenture (Splunk Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge of any Default or Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Default or an Event of Default or Default, an Officer’s Certificate setting forth the details of such Default or Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Default or Event of Default or Default has been cured or is no longer continuing.

Appears in 2 contracts

Samples: Indenture (Slack Technologies, Inc.), Cerence Inc.

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 150 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 2 contracts

Samples: Indenture (Eos Energy Enterprises, Inc.), Eos Energy Enterprises, Inc.

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 thirty (30) days after an Officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 2 contracts

Samples: Subscription Agreement (GigCapital4, Inc.), BigBear.ai Holdings, Inc.

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December January 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 2 contracts

Samples: Indenture (PagerDuty, Inc.), Indenture (Splunk Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 2 contracts

Samples: Indenture (Axon Enterprise, Inc.), Indenture (Xometry, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 2 contracts

Samples: Indenture (Hubspot Inc), Indenture (Lyft, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212024) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 2 contracts

Samples: Indenture (Tandem Diabetes Care Inc), Immunocore Holdings PLC

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge signer thereto knows of any Default or Event of Default that occurred during the previous year and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains obtaining knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is shall not be required to deliver such notice in respect of a Default if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 2 contracts

Samples: Indenture (Snap Inc), Indenture (Snap Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided provided, that the Company is not required to deliver such notice if such Default or Event of Default or Default has been cured or is no longer continuingwithin the applicable grace period (if any) as provided for in this Indenture.

Appears in 2 contracts

Samples: Dropbox, Inc., Dropbox, Inc.

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is will not be required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcontinuing or has been cured.

Appears in 2 contracts

Samples: Exchange and Investment Agreement (Nikola Corp), Nikola Corp

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 thirty (30) days after an Officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 2 contracts

Samples: Subscription Agreement (BOA Acquisition Corp.), Selina Hospitality PLC

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company Parent (beginning with the fiscal year ending on December 31, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 2 contracts

Samples: Indenture (American Water Works Company, Inc.), Indenture (Spirit AeroSystems Holdings, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Array Technologies, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December March 31, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Impinj Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is will not be required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcontinuing or has been cured.

Appears in 1 contract

Samples: Nikola Corp

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212018) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an Officer of the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Zendesk, Inc.

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31June 30, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Bill.com Holdings, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212018) an Officer’s Certificate stating whether the signers signer thereof have has knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after an Executive Officer of the Company obtains knowledge becomes aware, of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is shall not be required to deliver such notice an Officer’s Certificate if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Karyopharm Therapeutics Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) an Officer’s 's Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s 's Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Jamf Holding Corp.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December January 31, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Convertible Note Subscription Agreement (L&F Acquisition Corp.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal calendar year of the Company (beginning with the fiscal calendar year ending on December 31, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Luminex Corp)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 150 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 1 contract

Samples: Eos Energy Enterprises, Inc.

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212014) an Officer’s Officers’ Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under the Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Officers’ Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is shall not be required to deliver such notice an Officers’ Certificate if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: First Supplemental Indenture (Acorda Therapeutics Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212018) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture during the previous year and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains obtaining knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Etsy Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any Default or Event of Default that occurred during the previous year under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcontinuing or has been cured.

Appears in 1 contract

Samples: Indenture (Cazoo Group LTD)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212020) an Officer’s Certificate that need not comply with Section 17.05 stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Microchip Technology Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company or its Subsidiaries to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 thirty (30) days after an Officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Selina Hospitality PLC)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212019) an Officer’s Certificate stating whether the signers thereof have knowledge signer thereto knows of any Default or Event of Default that occurred during the previous year and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains obtaining knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is shall not be required to deliver such notice in respect of a Default if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Snap Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 3129, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 1 contract

Samples: Indenture (Shake Shack Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31January 29, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 1 contract

Samples: Indenture (Semtech Corp)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212017) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Hubspot Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December January 31, 20212019) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Okta, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212017) an Officer’s Certificate stating whether the signers signer thereof have has knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under the Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after an Executive Officer of the Company obtains knowledge becomes aware, of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is shall not be required to deliver such notice an Officer’s Certificate if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: First Supplemental Indenture (Radius Health, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge signer thereto knows of any Default or Event of Default that occurred during the previous year and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains obtaining knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is shall not be required to deliver such notice in respect of a Default if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Snap Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31January 28, 20212024) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 1 contract

Samples: Semtech Corp

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 1 contract

Samples: Unity Software (Unity Software Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31June 30, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Bill.com Holdings, Inc.)

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Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212024) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Lyft, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31September 30, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Cloudflare, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) an Officer’s Officers’ Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture in the previous year and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or DefaultDefault that is continuing, an Officer’s Officers’ Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; , provided that no notice is required if the Company is not required to deliver such notice if such Event of Default or event that would constitute a Default has been cured or waived before the date the Company is no longer continuingrequired to deliver such notice.

Appears in 1 contract

Samples: Indenture (Sunnova Energy International Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous fiscal year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains obtaining knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Etsy Inc

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December January 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Okta (Okta, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212020) an Officer’s Officers’ Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Officers’ Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is shall not be required to deliver such notice if such Default or Event of Default or Default has been cured or is no longer continuingwithin the applicable grace period (if any) provided in this Indenture.

Appears in 1 contract

Samples: Redfin Corp

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture during the previous year and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains obtaining knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Etsy Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge of any Default or Event of Default that occurred during the previous fiscal year or is continuing and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains obtaining knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Default or Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Under Armour, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December January 31, 20212024) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 1 contract

Samples: Indenture (PagerDuty, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212019) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture during the previous year and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains obtaining knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Etsy Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212014) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is such Officer’s Certificate shall not be required to deliver such notice if the extent that such Event of Default or Default has been cured or is no longer continuing.been

Appears in 1 contract

Samples: Indenture (Scorpio Tankers Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an Officer of the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Zendesk (Zendesk, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31April 30, 20212025) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 1 contract

Samples: Indenture (Avid Bioservices, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any Default or Event of Default that occurred during the previous year and, if so, specifying each such Default or Event of Default Default, as the case may be, and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (TransMedics Group, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212022) an Officer’s Officers’ Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the Company to comply with all conditions and covenants then required to be performed under this Indenture in the previous year and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or DefaultDefault that is continuing, an Officer’s Officers’ Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; , provided that no notice is required if the Company is not required to deliver such notice if such Event of Default or event that would constitute a Default has been cured or waived before the date the Company is no longer continuingrequired to deliver such notice.

Appears in 1 contract

Samples: Indenture (Sunnova Energy International Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Novavax Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212018) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 1 contract

Samples: Indenture (MINDBODY, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212019) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 1 contract

Samples: Indenture (Sailpoint Technologies Holdings, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31October 1, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 1 contract

Samples: Indenture (Tetra Tech Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31January 1, 20212024) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 1 contract

Samples: Indenture (Enovix Corp)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212018) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an Officer of the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided provided, however, that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Twilio Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company Guarantor (beginning with the fiscal year ending on December 31, 20212023) an Officer’s Certificate stating whether the signers thereof have knowledge of any Default or Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Ventas, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December January 31, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during the previous year and, if so, specifying each such Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuing.

Appears in 1 contract

Samples: Indenture (Docusign, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Zscaler, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 one hundred twenty (120) days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 2021) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 thirty (30) days after an Officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Subscription Agreement (GigCapital4, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212015) an Officer’s Certificate stating whether the signers thereof have knowledge of any Default or Event of Default under this Indenture that occurred during the previous fiscal year and, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 days after the Company obtains obtaining knowledge of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice Officer’s Certificate if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Indenture (Broadsoft, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20212022) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 303 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Security and Pledge Agreement (UpHealth, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December January 31, 20212020) an Officer’s Certificate stating whether the signers thereof have knowledge of any Event of Default that occurred during failure by the previous year Company to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such Event of Default failure and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company obtains knowledge becomes aware of the occurrence of any Event of Default or Default, an Officer’s Certificate setting forth the details of such Event of Default or Default, its status and the action that the Company is taking or proposing to take in respect thereof; provided that the Company is not required to deliver such notice if such Event of Default or Default has been cured or is no longer continuingcured.

Appears in 1 contract

Samples: Okta (Okta, Inc.)

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