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, 2019) an Officer’s Certificate stating whether the signers thereof know 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, within 30 days after the occurrence thereof, written notice of any Event of Default or Default, its status and what action 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.

Appears in 3 contracts

Samples: Adesto Technologies (ADESTO TECHNOLOGIES Corp), Indenture (Alteryx, Inc.), Indenture (Alteryx, 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, 20192020) an Officer’s Certificate stating whether the signers signer thereof know 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 thereofyear. In addition, the Company shall deliver to the Trustee, within 30 days after an Officer of the Company obtains knowledge of the occurrence thereof, written notice of any Event of Default or DefaultDefault under this Indenture, its status and what action 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 is no longer continuing or has been curedcured within the applicable grace period (if any) provided in this Indenture.

Appears in 2 contracts

Samples: Indenture (Plug Power Inc), Indenture (Esperion Therapeutics, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee (i) within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20192018) an Officer’s Certificate stating whether the signers signer thereof know has knowledge of any Default or Event of Default that occurred during the previous year andand whether the Company, if so, specifying each such Default or Event of Default and the nature thereof. In addition, the Company shall deliver to the Trusteeofficer’s knowledge, is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture and (ii) within 30 days after the occurrence thereof, written notice of any events that would constitute an Event of Default or Default, its their status and what action the Company is taking or proposing to take in respect thereof; provided that the Company is not . Any notice required to deliver such notice if such Event be given under this Section 4.08 shall be delivered to a Responsible Officer of Default or Default has been curedthe Trustee at its Corporate Trust Office.

Appears in 2 contracts

Samples: Indenture (Envestnet, Inc.), Indenture (Greenlight Capital Re, 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, 20192020) an Officer’s Certificate stating whether the signers thereof know 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 obtaining knowledge of the occurrence thereof, written notice of any Event of Default or Default, its status and what action 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.

Appears in 2 contracts

Samples: Indenture (Liveperson Inc), Indenture (Liveperson 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, 20192018) an Officer’s Certificate stating whether the signers thereof know 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, within 30 days after the occurrence thereof, written notice of any Event of Default or Default, its status and what action 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.

Appears in 2 contracts

Samples: Indenture (Alteryx, Inc.), Indenture (Vocera Communications, Inc.)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee and Co-Trustee within 120 days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December 31, 20192020) an Officer’s Certificate stating whether the signers signer thereof know has 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 and the nature thereoffiscal year. In addition, the Company shall deliver to the Trustee, Trustee and Co-Trustee within 30 days after the occurrence thereofof any Event of Default or Default, written notice setting forth the details of any such Event of Default or Default, its status and what 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.

Appears in 1 contract

Samples: Shopify 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, 20192023) an Officer’s Certificate stating whether (1) that a review has been conducted of the signers thereof know activities of the Company, its Subsidiaries and of the REIT and their respective performance under this Indenture and (2) that the Company and the REIT have fulfilled all obligations under this Indenture (such compliance to be determined without regard to any Default period of grace or Event requirement of Default that occurred during the previous year and, if so, notice provided under this Indenture) or specifying each such Default or any Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an Officer of the Company becomes aware of the occurrence thereof, written notice of any Default or Event of Default, an Officer’s Certificate setting forth the details of such Default or Event of Default, its status and what 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.

Appears in 1 contract

Samples: Welltower OP LLC

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, 20192024) an Officer’s Certificate stating whether the signers signer thereof know 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 thereofyear. In addition, the Company shall deliver to the Trustee, within 30 days after an Officer of the Company obtains knowledge of the occurrence thereof, written notice of any Event of Default or DefaultDefault under this Indenture, its status and what action 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 is no longer continuing or has been curedcured within the applicable grace period (if any) provided in this Indenture.

Appears in 1 contract

Samples: Indenture (Plug Power 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, 20192015) an Officer’s Officers’ Certificate stating whether (1) that a review has been conducted of the signers thereof know activities of the Company, its Subsidiaries and of the Guarantor and their respective performance under this Indenture and (2) that the Company and the Guarantor have fulfilled all obligations under this Indenture (such compliance to be determined without regard to any Default period of grace or Event requirement of Default that occurred during the previous year and, if so, notice provided under this Indenture) or specifying each such Default or any Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after the Company becomes aware of the occurrence thereof, written notice of any Default or Event of Default, an Officers’ Certificate setting forth the details of such Default or Event of Default, its status and what 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.

Appears in 1 contract

Samples: Indenture (Extra Space Storage 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, 2019) an Officer’s Certificate stating whether the signers thereof know 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 thereofyear. In addition, the Company shall deliver to the Trustee, within 30 days after the Company obtains actual knowledge of the occurrence thereof, written notice of any Event of Default or any event that would constitute an Event of Default, its status and what action 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 other event is no longer continuing or has been cured.

Appears in 1 contract

Samples: Indenture (Pure Storage, 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, 20192023) an Officer’s Certificate stating whether the signers thereof know 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 what action has been taken in respect thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the occurrence thereof, written notice of any Event of Default or Default, its status and what action 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 is no longer continuing or has been cured.

Appears in 1 contract

Samples: Execution Agreement (View, 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, 20192021) an Officer’s Officers’ Certificate stating whether (1) that a review has been conducted of the signers thereof know activities of the Company, its Subsidiaries and of the Company and their respective performance under this Indenture and (2) that the Company has fulfilled all obligations under this Indenture (such compliance to be determined without regard to any Default period of grace or Event requirement of Default that occurred during the previous year and, if so, notice provided under this Indenture) or specifying each such Default or any Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an Officer of the Company becomes aware of the occurrence thereof, written notice of any Default or Event of Default, an Officers’ Certificate setting forth the details of such Default or Event of Default, its status and what 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.

Appears in 1 contract

Samples: Indenture (Braemar Hotels & Resorts Inc.)

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, 20192021) an Officer’s Certificate stating whether the signers thereof know have knowledge of any Default or Event of Default under this Indenture that occurred during the previous year and, if so, specifying each such Default or Event of Default and the nature thereofyear. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an officer of the Company becomes aware of the occurrence thereof, written notice of any Event or Events of Default or Default, an Officer’s Certificate setting forth the details of such Event or Events of Default or Default, its status and what 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 is no longer continuing has been cured.

Appears in 1 contract

Samples: Indenture (3d Systems 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, 20192023) an Officer’s Certificate stating whether the signers thereof know 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 thereofDefault. In addition, the Company shall deliver to the Trustee, within 30 days after the occurrence thereof, written notice of any Event of Default or Default, its status and what action 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 is no longer continuing or has been cured.

Appears in 1 contract

Samples: Indenture (ChargePoint 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, 20192021) an Officer’s Certificate stating whether the signers thereof know 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 and the nature thereof. In addition, the Company shall deliver to the Trustee, within 30 days after the occurrence thereof, written notice of any such Event of Default or Default, its status and what action 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 is no longer continuing or has been cured.

Appears in 1 contract

Samples: Indenture (Veritone, 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, 20192022) an Officer’s Certificate stating whether the signers thereof know have knowledge of any Default or Event of Default that occurred during the previous year under this Indenture and, if so, specifying each such Default or Event of Default and the nature thereofDefault. In addition, the Company shall deliver to the Trustee, within 30 days after obtaining knowledge of the occurrence thereof, written notice 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 what 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.

Appears in 1 contract

Samples: Indenture (Lantheus 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, 20192021) an Officer’s Certificate stating whether the signers thereof know of any Default or Event of Default 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, within 30 days after the occurrence thereof, written notice of any Event of Default or Default, its status and what action 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 curedcured within the applicable grace period (if any) provided herein.

Appears in 1 contract

Samples: Indenture (Vocera Communications, 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, 20192018) an Officer’s Certificate stating whether the signers signer thereof know 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 thereofyear. In addition, the Company shall deliver to the Trustee, within 30 days after an Officer of the Company obtains knowledge of the occurrence thereof, written notice of any Event of Default or DefaultDefault under the Indenture, its status and what action 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 is no longer continuing or has been curedcured within the applicable grace period (if any) provided in this Indenture.

Appears in 1 contract

Samples: Indenture (Plug Power 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, 20192013) an Officer’s Officers’ Certificate stating whether the signers thereof know have knowledge of any Default or Event of Default that occurred during the previous fiscal year andand whether, if soto such Officers’ knowledge, specifying each such Default or Event of Default and the nature thereofCompany is then in Default. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after knowledge of the occurrence thereof, of any Event of Default or Default written notice setting forth the details of any such Event of Default or Default, its status and what 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.

Appears in 1 contract

Samples: And (Clean Energy Fuels 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, 20192021) an Officer’s Certificate stating whether the signers thereof know 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 and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after the Company obtains knowledge of the occurrence thereof, written notice of any Event Default, an Officer’s Certificate setting forth the details of Default or such Default, its status and what 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.

Appears in 1 contract

Samples: Indenture (Fisker Inc./De)

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, 20192024) an Officer’s Certificate stating whether (1) that a review has been conducted of the signers thereof know activities of the Company, its Subsidiaries and of the REIT and their respective performance under this Indenture and (2) that the Company and the REIT have fulfilled all obligations under this Indenture (such compliance to be determined without regard to any Default period of grace or Event requirement of Default that occurred during the previous year and, if so, notice provided under this Indenture) or specifying each such Default or any Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an Officer of the Company becomes aware of the occurrence thereof, written notice of any Default or Event of Default, an Officer’s Certificate setting forth the details of such Default or Event of Default, its status and what 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.

Appears in 1 contract

Samples: Federal Realty OP LP

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, 20192020) an Officer’s Certificate stating whether the signers thereof know have knowledge of any Default or Event of a Default that occurred during the previous year and, if so, specifying each such Default or Event of Default and the nature thereofyear. In addition, the Company shall deliver to the Trustee, within 30 days after an Officer of the Company obtains knowledge of the occurrence thereof, written notice of any Event of Default or Default under the Indenture (which written notice shall set forth the detail of such Event of Default or Default), its status and what 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 curedcured or waived before the date that the Company is required to deliver such notice.

Appears in 1 contract

Samples: Indenture (LivaNova 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, 20192016) an Officer’s Certificate stating whether the signers thereof know 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 and the nature thereoffiscal year. In addition, the Company shall deliver to the Trustee, within 30 days after of the occurrence thereof, written notice of any Event of Default or an uncured Default, an Officer’s Certificate setting forth the details of such Event of Default or uncured Default, its status and what 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 Event of Default or Default has been cured.

Appears in 1 contract

Samples: Indenture (Kempharm, 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, 20192021) an Officer’s Officers’ Certificate stating whether (1) that a review has been conducted of the signers thereof know activities of the Company, its Subsidiaries and of the REIT and their respective performance under this Indenture and (2) that the Company and the REIT have fulfilled all obligations under this Indenture (such compliance to be determined without regard to any Default period of grace or Event requirement of Default that occurred during the previous year and, if so, notice provided under this Indenture) or specifying each such Default or any Event of Default and the nature thereof. In addition, the Company shall deliver to the Trustee, Trustee within 30 days after an Officer of the Company becomes aware of the occurrence thereof, written notice of any Default or Event of Default, an Officers’ Certificate setting forth the details of such Default or Event of Default, its status and what 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.

Appears in 1 contract

Samples: Indenture (Kite Realty Group Trust)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 days after the end on or before December 1 of each fiscal year of the Company (beginning with the fiscal year ending on December 311, 20192024) an Officer’s Certificate stating whether the signers signer thereof know has knowledge of any Default or Event of Default that occurred during the previous year under this Indenture and, if so, specifying each such Default or Event of Default and the nature thereofDefault. In addition, the Company shall deliver to the Trustee, within 30 days after obtaining knowledge of the occurrence thereof, written notice of any Default or Event of Default, an Officer’s Certificate setting forth the details of such Default or Event of Default, its status and what 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.

Appears in 1 contract

Samples: Indenture (Evergy, Inc.)

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