Common use of Evidence of Action Clause in Contracts

Evidence of Action. The Administrative Agent shall have received a certificate, dated the Third Restatement Date, of the Secretary or Assistant Secretary of each of the Borrower, Arch, the Parent and each Subsidiary Guarantor (i) attaching a true and complete copy of the resolutions of its Managing Person and of all documents evidencing other necessary corporate action (in form and substance satisfactory to the Administrative Agent) taken by it to authorize the Transaction Documents to which it is a party and all transactions contemplated thereby, (ii) attaching a true and complete copy of its Organizational Documents, (iii) setting forth the incumbency of its officer or officers who may sign such Transaction Documents, including therein a signature specimen of such officer or officers and (iv) attaching a certificate of good standing of the Secretary of State of the jurisdiction of its incorporation or formation and of each other jurisdiction in which it is qualified to do business except for any such other jurisdiction in which the failure to be in good standing could not reasonably be expected to have a Material Adverse Effect.

Evidence of Action. The Administrative Documentation Agent shall have received a certificate, dated the Third Restatement first Borrowing Date, of the Secretary or Assistant Secretary or other analogous counterpart of each of the Borrower, Arch, the Parent and each Subsidiary Guarantor Credit Party (i) attaching a true and complete copy of the resolutions of its Managing Person and of all documents evidencing other all necessary corporate corporate, partnership or similar action (in form and substance satisfactory to the Administrative Documentation Agent) taken by it to authorize the Transaction Loan Documents to which it is a party and all the transactions contemplated thereby, (ii) attaching a true and complete copy of its Organizational Documents, (iii) setting forth the incumbency of its officer or officers or other analogous counterpart who may sign such Transaction the Loan Documents, including therein a signature specimen of such officer or officers and (iv) attaching a certificate of good standing of the Secretary of State of the jurisdiction of its incorporation or formation and of each other jurisdiction in which it is qualified to do business except for any business, except, in the case of such other jurisdiction in which jurisdiction, when the failure to be in good standing could in such jurisdiction would not reasonably be expected to have a Material Adverse Effect.

Evidence of Action. The Administrative Agent shall have received a certificate, dated the Third Restatement Borrowing Date, of the Secretary or Assistant Secretary or other analogous counterpart of each of the Borrower, Arch, the Parent and each Subsidiary Guarantor Credit Party (i) attaching a true and complete copy of the resolutions of its Managing Person and of all documents evidencing other all necessary corporate corporate, partnership or similar action (in form and substance satisfactory to the Administrative Agent) taken by it to authorize the Transaction Documents to which it is a party and all the transactions contemplated thereby, (ii) attaching a true and complete copy of its Organizational Documents, (iii) setting forth the incumbency of its officer or officers or other analogous counterpart who may sign such Transaction the Loan Documents, including therein a signature specimen of such officer or officers and (iv) if available, attaching a certificate of good standing of the Secretary of State of the jurisdiction of its incorporation or formation and of each other jurisdiction in which it is qualified to do business except for any business, except, in the case of such other jurisdiction in which jurisdiction, when the failure to be in good standing could in such jurisdiction would not reasonably be expected to have a Material Adverse Effect.

Evidence of Action. The Administrative Agent shall have received a certificate, dated the Third Restatement Effective Date, of the Secretary, Assistant Secretary or Assistant Secretary other analogous counterpart of each of the Borrower, Arch, the Parent and each Subsidiary Guarantor Loan Party (i) attaching a true and complete copy of the resolutions of its Managing Person and of all documents evidencing other all necessary corporate corporate, partnership or similar action (in form and substance reasonably satisfactory to the Administrative Agent) taken by it to authorize the Transaction Loan Documents to which it is a party and all the transactions contemplated thereby, (ii) attaching a true and complete copy of its Organizational Documentsorganizational documents, (iii) setting forth the incumbency of its officer the corporate officer(s) or officers other analogous counterparts thereof who may sign such Transaction Loan Documents, including therein a signature specimen of such corporate officer or officers counterpart, as the case may be, and (iv) attaching a certificate of good standing of the Secretary of State of the jurisdiction State of its incorporation or formation and of each other jurisdiction in which it is qualified to do conduct business except for any except, in the case of such other jurisdiction in which jurisdiction, when the failure to be in good standing could in such jurisdiction would not reasonably be expected to have a Material Adverse Effect.

Evidence of Action. The Administrative Agent shall have received a certificate, dated the Third Restatement Effective Date, of the Secretary or Assistant Secretary or other analogous counterpart of each of the Borrower, Arch, the Parent and each Subsidiary Guarantor Credit Party (i) attaching a true and complete copy of the resolutions of its Managing Person and of all documents evidencing other all necessary corporate corporate, partnership or similar action (in form and substance satisfactory to the Administrative Agent) taken by it to authorize the Transaction Loan Documents to which it is a party and all the transactions contemplated thereby, (ii) attaching a true and complete copy of its Organizational Documents, (iii) setting forth the incumbency of its officer or officers or other analogous counterpart who may sign such Transaction the Loan Documents, including therein a signature specimen of such officer or officers and (iv) attaching a certificate of good standing of the Secretary of State of the jurisdiction of its incorporation or formation and of each other jurisdiction in which it is qualified to do business except for any business, except, in the case of such other jurisdiction in which jurisdiction, when the failure to be in good standing could in such jurisdiction would not reasonably be expected to have a Material Adverse Effect.

Evidence of Action. The Administrative Agent shall have received a certificate, dated the Third Restatement first Borrowing Date, of the Secretary or Assistant Secretary or other analogous counterpart of each of the Borrower, Arch, the Parent and each Subsidiary Guarantor Credit Party (i) attaching a true and complete copy of the resolutions of its Managing Person and of all documents evidencing other all necessary corporate corporate, partnership or similar action (in form and substance satisfactory to the Administrative Agent) taken by it to authorize the Transaction Loan Documents to which it is a party and all the transactions contemplated thereby, (ii) attaching a true and complete copy of its Organizational Documents, (iii) setting forth the incumbency of its officer or officers or other analogous counterpart who may sign such Transaction the Loan Documents, including therein a signature specimen of such officer or officers and (iv) attaching a certificate of good standing of the Secretary of State appropriate Governmental Authority of the jurisdiction of its incorporation or formation and of each other jurisdiction in which it is qualified to do business except for any business, except, in the case of such other jurisdiction in which jurisdiction, when the failure to be in good standing could in such jurisdiction would not reasonably be expected to have a Material Adverse Effect.

Evidence of Action. The Administrative Agent shall have received a certificate, dated the Third Restatement Dateeffective date of this Agreement, of the Secretary or Assistant Secretary of each or other analogous counterpart of the Borrower, Arch, the Parent and each Subsidiary Guarantor Borrower (i) attaching a true and complete copy of the resolutions of its Managing Person and of all documents evidencing other all necessary corporate action (in form and substance satisfactory to the Administrative Agent) taken by it to authorize this Agreement and the Transaction Documents to which it is a party and all transactions contemplated therebyhereby, (ii) attaching a true and complete copy of its Organizational DocumentsDocuments or certifying that there has been no change in its Organizational Documents since the Effective Date, (iii) setting forth the incumbency of its officer or officers or other analogous counterpart who may sign such Transaction Documentsthis Agreement, including therein a signature specimen of such officer or officers and (iv) attaching a certificate of certifying that the Borrower is in good standing of the Secretary of State of in the jurisdiction of its incorporation or formation and of in each other jurisdiction in which it is qualified to do business except for any business, except, in the case of such other jurisdiction in which jurisdiction, when the failure to be in good standing could in such jurisdiction would not reasonably be expected to have a Material Adverse Effect.