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 Officers’ Certificate, signed by the principal executive officer of the Company, the principal financial officer of the Company or the principal accounting officer of the Company, stating whether the signers thereof have knowledge of any Default that occurred during the previous year. In addition, the Company shall deliver to the Trustee within 30 days after the occurrence of any Event of Default or Default, an 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 such Officers’ Certificate is required if the event that would constitute a Default has been cured or waived before the date the Company is required to deliver such Officers’ Certificate.

Appears in 3 contracts

Samples: Indenture (Century Aluminum Co), Indenture (Sunrun Inc.), Indenture (Upstart 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, 20212019) an Officers’ Certificate, signed by the principal executive officer of the Company, the principal financial officer of the Company or the principal accounting officer of the Company, Certificate stating whether the signers thereof have knowledge of any Default that occurred during failure by the previous yearCompany to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within 30 days after the occurrence of any Event of Default or Default, an 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 such Officers’ Certificate notice is required if the event that would constitute a Default has been cured or waived before the date on which the Company is required to deliver such Officers’ Certificatenotice.

Appears in 3 contracts

Samples: Indenture (Fluidigm Corp), Indenture (Blackline, Inc.), Indenture (Zynga 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 Officers’ Certificate, signed by the principal executive officer of the Company, the principal financial officer of the Company or the principal accounting officer of the Company, Officer’s Certificate stating whether the signers thereof have knowledge of any Default that has occurred during and, if so, specifying each such Default and the previous yearnature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 no such Officers’ Officer’s Certificate is shall be required if the event that would constitute a such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officers’ Officer’s Certificate.

Appears in 2 contracts

Samples: Microstrategy Incorporated (MICROSTRATEGY Inc), Microstrategy Incorporated (MICROSTRATEGY 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 Officers’ Certificate, signed by the principal executive officer of the Company, the principal financial officer of the Company or the principal accounting officer of the Company, Certificate stating whether the signers thereof have knowledge of any Default that occurred during failure by the previous yearCompany to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within 30 days after the occurrence of any Event of Default or Default, an 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 such Officers’ Certificate notice is required if the event that would constitute a Default has been cured or waived before the date on which the Company is required to deliver such Officers’ Certificatenotice.

Appears in 2 contracts

Samples: Indenture (Zynga Inc), Indenture (Blackline, 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 Officers’ Certificate, signed by the principal executive officer of the Company, the principal financial officer of the Company or the principal accounting officer of the Company, Officer’s Certificate stating whether the signers thereof have knowledge of any Default that has occurred during and, if so, specifying each such Default and the previous yearnature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 no such Officers’ Officer’s Certificate is shall be required if the event that would constitute a such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officers’ Officer’s Certificate.

Appears in 1 contract

Samples: Indenture (Apellis 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 31, 20212023) an Officers’ Certificate, signed by the principal executive officer of the Company, the principal financial officer of the Company or the principal accounting officer of the Company, Officer’s Certificate stating whether the signers thereof have knowledge of any Default that occurred during failure by the previous yearCompany to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within 30 days promptly after the occurrence of any Event of Default or Default, an Officers’ 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 no the Company shall not be required to deliver such Officers’ Certificate is required notice if the event that would constitute a such Event of Default or Default has been cured or waived before the date on which the Company is required to deliver such Officers’ Certificatenotice.

Appears in 1 contract

Samples: Burlington Stores, 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 Officers’ Certificate, signed by the principal executive officer of the Company, the principal financial officer of the Company or the principal accounting officer of the Company, Officer’s Certificate stating whether the signers thereof have knowledge of any Default that occurred during failure by the previous yearCompany to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within 30 days promptly after the occurrence of any Event of Default or Default, an Officers’ 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 no the Company shall not be required to deliver such Officers’ Certificate is required notice if the event that would constitute a such Event of Default or Default has been cured or waived before the date on which the Company is required to deliver such Officers’ Certificatenotice.

Appears in 1 contract

Samples: Xerox 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 Officers’ Certificate, signed by the principal executive officer of the Company, the principal financial officer of the Company or the principal accounting officer of the Company, Officer’s Certificate stating whether the signers thereof have knowledge of any Default that occurred during failure by the previous yearCompany to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within 30 days promptly after the occurrence of any Event of Default or Default, an Officers’ 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 no the Company shall not be required to deliver such Officers’ Certificate is required notice if the event that would constitute a such Event of Default or Default has been cured or waived before the date on which the Company is required to deliver such Officers’ Certificatenotice.

Appears in 1 contract

Samples: Burlington Stores (Burlington Stores, 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 Officers’ Officer’s Certificate, signed by the principal executive officer of the Company, the principal financial officer of the Company or the principal accounting officer of the Company, stating whether the signers thereof have knowledge of any Default that occurred during the previous year. In addition, the Company shall deliver to the Trustee within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 no such Officers’ Officer’s Certificate is required if the event that would constitute a Default has been cured or waived before the date the Company is required to deliver such Officers’ Officer’s Certificate.

Appears in 1 contract

Samples: Indenture (Sunrun 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 Officers’ Certificate, signed by the principal executive officer of the Company, the principal financial officer of the Company or the principal accounting officer of the Company, Officer’s Certificate stating whether the signers thereof have knowledge of any Default that has occurred during and, if so, specifying each such Default and the previous yearnature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 no such Officers’ Officer’s Certificate is shall be required if the event that would constitute a such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officers’ Officer’s Certificate.

Appears in 1 contract

Samples: Microstrategy Incorporated (MICROSTRATEGY Inc)

Compliance Certificate; Statements as to Defaults. The Company shall deliver to the Trustee within 120 calendar days after the end of each fiscal year of the Company (beginning with the fiscal year ending on December July 31, 20212020) an Officers’ Certificate, signed by the principal executive officer of the Company, the principal financial officer of the Company or the principal accounting officer of the Company, Officer’s Certificate stating whether the signers signer thereof have has knowledge of any Default that occurred during failure by the previous yearCompany to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within 30 calendar days after the occurrence of any Event of Default or Default, Default an Officers’ 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 no such Officers’ Officer’s Certificate is required if the event that would constitute a such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officers’ Officer’s Certificate.

Appears in 1 contract

Samples: Indenture (Palo Alto Networks 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 Officers’ Certificate, signed by the principal executive officer of the Company, the principal financial officer of the Company or the principal accounting officer of the Company, Certificate stating whether the signers thereof have knowledge of any Default that occurred during failure by the previous yearCompany to comply with all conditions and covenants then required to be performed under this Indenture and, if so, specifying each such failure and the nature thereof. In addition, the Company shall deliver to the Trustee within 30 days promptly after the occurrence of any Event of Default or Default, an 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 the Company shall not be required to deliver such Officers’ Certificate is required notice if the event that would constitute a such Event of Default or Default has been cured or waived before the date on which the Company is required to deliver such Officers’ Certificatenotice.

Appears in 1 contract

Samples: Indenture (Allegheny 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, 20212020) an Officers’ Certificate, signed by the principal executive officer of the Company, the principal financial officer of the Company or the principal accounting officer of the Company, Officer’s Certificate stating whether the signers thereof have knowledge of any Default that has occurred during and, if so, specifying each such Default and the previous yearnature thereof. In addition, the Company shall deliver to the Trustee Trustee, as soon as possible, and in any event within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 no such Officers’ Officer’s Certificate is shall be required if the event that would constitute a such Event of Default or Default has been cured or waived before the date the Company is required to deliver such Officers’ Officer’s Certificate.

Appears in 1 contract

Samples: Microstrategy Incorporated (MICROSTRATEGY 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 Officers’ Certificate, signed by the principal executive officer of the Company, the principal financial officer of the Company or the principal accounting officer of the Company, Officer’s Certificate stating whether the signers thereof have knowledge of any Default or Event of Default that occurred during in such fiscal year and, if so, specifying each such Default or Event of Default and the previous yearnature thereof. In addition, the Company shall deliver to the Trustee within 30 days after the occurrence of any Event of Default or Default, an Officers’ 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 no such Officers’ Certificate notice is required if the event that would constitute a Default has been cured or waived before the date on which the Company is required to deliver such Officers’ Certificatenotice.

Appears in 1 contract

Samples: Indenture (Groupon, Inc.)

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