Common use of Quarterly Compliance Certificates Clause in Contracts

Quarterly Compliance Certificates. Together with each delivery of any quarterly report pursuant to clauses (i) of this Section 5.01(a), the Borrower shall deliver a certificate of the Company in the form of Exhibit F attached hereto (the “QUARTERLY COMPLIANCE CERTIFICATE”), signed by the a Financial Officer of the Company, representing and certifying (1) that the Financial Officer signatory thereto has reviewed the terms of the Loan Documents, and has made, or caused to be made under his/her supervision, a review in reasonable detail of the transactions and consolidated financial condition of the Company, the Borrower and their Subsidiaries, during the fiscal quarter covered by such reports, that such review has not disclosed the existence during or at the end of such fiscal quarter, and that such officer does not have knowledge of the existence as at the date of such Quarterly Compliance Certificate, of any condition or event which constitutes an Event of Default or Default or mandatory prepayment event, or, if any such condition or event existed or exists, and specifying the nature and period of existence thereof and what action the Company and/or the Borrower or any of its Subsidiaries has taken, is taking and proposes to take with respect thereto; (2) the calculations evidencing compliance with each of the financial covenants set forth in Section 5.05 and Article VI hereof; and (3) a schedule of the average occupancy level of all Unencumbered Eligible Projects for such fiscal quarter.

Appears in 2 contracts

Samples: Credit Agreement (Home Properties Inc), Credit Agreement (Home Properties Inc)

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Quarterly Compliance Certificates. Together with each delivery of any quarterly report pursuant to clauses (i) of this Section 5.01(a), the Borrower shall deliver a certificate of the Company in the form of Exhibit F attached hereto (the “QUARTERLY COMPLIANCE CERTIFICATE”), signed by the a Financial Officer of the Company, representing and certifying (1) that the Financial Officer signatory thereto has reviewed the terms of the Loan Documents, and has made, or caused to be made under his/her supervision, a review in reasonable detail of the transactions and consolidated financial condition of the Company, the Borrower and their Subsidiaries, during the fiscal quarter covered by such reports, that such review has not disclosed the existence during or at the end of such fiscal quarter, and that such officer does not have knowledge of the existence as at the date of such Quarterly Compliance Certificate, of any condition or event which constitutes an Event of Default or Default or mandatory prepayment event, or, if any such condition or event existed or exists, and specifying the nature and period of existence thereof and what action the Company and/or the Borrower or any of its Subsidiaries has taken, is taking and proposes to take with respect thereto; (2) the calculations evidencing compliance with each of the financial covenants set forth in Section 5.05 and Article VI hereof; and (3) a schedule of the average occupancy level Occupancy Rate of all Unencumbered Eligible Projects for such fiscal quarter.

Appears in 1 contract

Samples: Credit Agreement (Home Properties Inc)

Quarterly Compliance Certificates. Together with each delivery of any quarterly report pursuant to clauses paragraph (ia)(i) of this Section 5.01(a)8.2, Officer's Certificates of the Borrower shall deliver a certificate of and the Company in the form of Exhibit F attached hereto (the “QUARTERLY COMPLIANCE CERTIFICATE”"Quarterly Compliance Certificates"), signed by the a Financial Officer of Borrower's and the Company, 's respective Authorized Financial Officers representing and certifying (1) that the Authorized Financial Officer signatory thereto has reviewed the terms of the Loan Documents, and has made, or caused to be made under his/her supervision, a review in reasonable detail of the transactions and consolidated financial condition of the Company, the Borrower Company and their its Consolidated Subsidiaries, during for the fiscal quarter covered by such reports, that such review has not disclosed the existence during or at the end of such fiscal quarter, and that such officer does not have knowledge of the existence as at the date of such Quarterly Compliance Officer's Certificate, of any condition or event which constitutes an Event of Default or Potential Event of Default or mandatory prepayment event, or, if any such condition or event existed or exists, and specifying the nature and period of existence thereof and what action the Company and/or the Borrower or any of its their Subsidiaries has taken, is taking and proposes to take with respect thereto; (2) the calculations evidencing in the form of Exhibit G hereto for the period then ended which demonstrate whether there has been compliance with each of the covenants and financial covenants ratios set forth in Section 5.05 and Article VI hereof; and (3) a schedule of the average occupancy level of all Unencumbered Eligible Projects for such fiscal quarter.Sections 9.9, 9.11, 10.2, 10.6, 10.7,

Appears in 1 contract

Samples: Term Loan Agreement (Reckson Associates Realty Corp)

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Quarterly Compliance Certificates. Together with each delivery of any quarterly report pursuant to clauses (i) and (ii) of this Section 5.01(a5.01 (a), the Borrower shall deliver a certificate of the Borrower and the Company in the form of Exhibit F G attached hereto (the “QUARTERLY COMPLIANCE CERTIFICATE”"Quarterly Compliance Certificate"), signed by the a Financial Officer of Borrower's and the Company's respective Financial Officers, representing and certifying (1) that the Financial Officer signatory thereto has reviewed the terms of this Agreement and the other Loan Documents, and has made, or caused to be made under his/her supervision, a review in reasonable detail of the transactions Transactions and consolidated and consolidating financial condition of the Company, the Borrower and their its Subsidiaries, during the fiscal quarter covered by such reports, that such review has not disclosed the existence during or at the end of such fiscal quarter, and that such officer does not have knowledge of the existence as at the date of such Quarterly Compliance Certificate, of any condition or event which constitutes an Event of Default or Default or mandatory prepayment event, or, if any such condition or event existed or exists, and specifying the nature and period of existence thereof and what action the Company and/or the Borrower or any of its Subsidiaries has taken, is taking and proposes to take with respect thereto; and (2) the calculations evidencing compliance with each of the financial covenants set forth in Section 5.05 and Article VI hereof; and (3) a schedule of the average occupancy level of all Unencumbered Eligible Projects for such fiscal quarter.

Appears in 1 contract

Samples: Credit Agreement (Home Properties of New York Inc)

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