Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 28 contracts
Samples: Junior Subordinated Indenture (People's United Financial, Inc.), Junior Subordinated Indenture (Capitalsource Inc), Indenture (Paragon Commercial CORP)
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal calendar year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 22 contracts
Samples: Junior Subordinated Indenture (Summit Bank Corp), Coastal Bancorp Inc, State National Bancshares, Inc.
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 22 contracts
Samples: Indenture (Commercial Capital Bancorp Inc), Junior Subordinated Indenture (Centennial Bank Holdings, Inc.), Junior Subordinated Indenture (Levitt Corp)
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal calendar year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 21 contracts
Samples: Indenture (Anthracite Capital Inc), Indenture (Novastar Financial Inc), Indenture (Amcomp Inc /Fl)
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 17 contracts
Samples: Georgia Bancshares Inc//, Stifel Financial Corp, MortgageIT Holdings, Inc.
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit BC) covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 13 contracts
Samples: Indenture (North State Bancorp), Indenture (Middlefield Banc Corp), Indenture (Plains Capital Corp)
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 12 contracts
Samples: First Litchfield Financial Corp, Coastal Banking Co Inc, First Litchfield Financial Corp
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal calendar year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 10 contracts
Samples: Indenture (Comstock Homebuilding Companies, Inc.), Indenture (Anthracite Capital Inc), Indenture (Anthracite Capital Inc)
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Officer’s Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 5 contracts
Samples: Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty), Junior Subordinated Indenture (Northstar Realty)
Statement as to Compliance. The Company shall will deliver to the Trustee, within one hundred and twenty (120) 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal year' Certificate, stating whether or not not, to the best knowledge of the signers thereof thereof, the Company is in default in the performance or and observance of any of the material terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder)) and, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 5 contracts
Samples: Fleetwood Capital Trust Iii, Fleetwood Enterprises Inc/De/, Fleetwood Enterprises Inc/De/
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 4 contracts
Samples: Junior Subordinated Indenture (Anthracite Capital Inc), Anthracite Capital Inc, Anthracite Capital Inc
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. SECTION 10.4.
Appears in 3 contracts
Samples: Simmons First National Corp, Simmons First National Corp, Simmons First National Corp
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit BC) covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 2 contracts
Samples: Stifel Financial Corp, Stifel Financial Corp
Statement as to Compliance. The Company shall will deliver to the Trustee, within one hundred and twenty (120) 120 days after the end of each fiscal year of the Company ending after the date hereof, a written statement (which need not be contained in or accompanied by an Officers’ Certificate (substantially in Officer's Certificate) signed by the form attached hereto as Exhibit B) covering principal executive officer, the preceding fiscal yearprincipal financial officer or the principal accounting officer of the Company, stating whether or not not, to the knowledge best of the signers thereof his or her knowledge, the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they he or she may have knowledge.
Appears in 2 contracts
Samples: Covenants (Sola International Inc), Sola International Inc
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal calendar year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Bnccorp Inc), Vib Corp
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty ninety (12090) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal calendar year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 2 contracts
Samples: Indenture (Validus Holdings LTD), Validus Holdings LTD
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate Officers’Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 1 contract
Samples: Flag Financial Corp
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit BH) covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 1 contract
Samples: Bluegreen Corp
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) 120 days after the end of each fiscal year year, a written statement, which need not comply with Section 10.05 hereof, signed by the President or a Vice President and by the Treasurer or the Chief Financial Officer of the Company ending after the date hereofstating, an Officers’ Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal year, stating to each signer thereof whether or not not, to the best knowledge of the signers thereof thereof, the Company is in default in the performance or and observance of any of the terms, provisions and conditions of this Indenture (without regard to any grace period of grace or requirement of notice provided hereunder)) and, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. The first certificate to be delivered by the Company pursuant to this Section 4.10 shall be for the fiscal year ending December 31, 1999.
Appears in 1 contract
Samples: Vesta Insurance Group Inc
Statement as to Compliance. The Company shall deliver to the TrusteeTrustee and the Collateral Manager, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 1 contract
Samples: Junior Subordinated Indenture (Orleans Homebuilders Inc)
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) 120 days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate (substantially in ' Certificate, signed by at least one of the form attached hereto as Exhibit B) principal executive officer, principal financial officer and principal accounting officer of the Company, covering the preceding fiscal calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance performance, observance or observance fulfillment of or compliance with any of the terms, provisions provisions, covenants and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder)Indenture, and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.may
Appears in 1 contract
Samples: Hartford Life Inc
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal calendar year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. The delivery requirements of this Section 10.3 may be satisfied by compliance with Section 8.16(a) of the Trust Agreement.
Appears in 1 contract
Samples: North Pointe Holdings Corp
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit BC) covering the preceding fiscal year, stating whether or not --------- to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 1 contract
Samples: Indenture (First Banks, Inc)
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred (i) not later than forty-five (45) days after the end of each quarter of each fiscal year of the Company and twenty (120ii) not later than ninety (90) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal calendar year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.
Appears in 1 contract
Samples: Indenture (RAIT Financial Trust)
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. The delivery requirements of this SECTION 10.3 may be satisfied by compliance with SECTION 8.16(a) of the Trust Agreement.
Appears in 1 contract
Samples: Uici
Statement as to Compliance. The Company shall deliver to the Trustee, within one hundred and twenty (120) days after the end of each fiscal year of the Company ending after the date hereof, an Officers’ ' Certificate (substantially in the form attached hereto as Exhibit B) covering the preceding fiscal year, stating whether or not to the knowledge of the signers thereof the Company is in default in the performance or observance of any of the terms, provisions and conditions of this Indenture (without regard to any period of grace or requirement of notice provided hereunder), and if the Company shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge.. The delivery requirements of this SECTION 10.3 may be satisfied by compliance with Section 8.16(a) of the Trust Agreement. 55
Appears in 1 contract
Samples: Uici