Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 31 contracts
Samples: Indenture (WSFS Financial Corp), Owens Corning Capital Ii, Associated Banc-Corp
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 31 contracts
Samples: Indenture (FCB/Sc Capital Trust I), Indenture (Seacoast Financial Services Corp), First Empire State Corp
Statement as to Compliance. The Company Corporation shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company Corporation ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company Corporation is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company Corporation shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 24 contracts
Samples: Trust Agreement (DPL Inc), Subordinated Indenture (Sea Pines Associates Inc), Indenture (Bank of New York Co Inc)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof of the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 18 contracts
Samples: Aici Capital Trust, First Empire Capital Trust I, Pfbi Capital Trust
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' ’ Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.4Section, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 4 contracts
Samples: Indenture (Privatebancorp Capital Trust Iv), Indenture (Evans Capital Trust III), Indenture (Privatebancorp Capital Trust Iv)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, ,provisions, covenants and conditions of this 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. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 3 contracts
Samples: Equitable Resources Capital Trust I, Equitable Resources Capital Trust I, Equitable Resources Inc /Pa/
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' ’ Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 3 contracts
Samples: Silicon Valley Bancshares, Lincoln National Corp, Silicon Valley Bancshares
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period (other than an Extension Period) or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 2 contracts
Samples: Pmi Group Inc, Pmi Capital I
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of any, or is in compliance with any of with, the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture. One of the signatories to such Officers' Certificate shall be the Company's principal executive officer, principal financial officer or principal accounting officer.
Appears in 2 contracts
Samples: United Community Capital Trust, City Holding Capital Trust Ii
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.41004, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 2 contracts
Samples: Nevada Power Co, Nevada Power Co
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar fiscal year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.41004, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 2 contracts
Statement as to Compliance. The Company shall will deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year’ Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, all conditions and covenants and conditions of this 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. For the purpose of this Section 10.4, compliance shall be determined Indenture (without regard to any period of grace period or requirement of notice provided pursuant hereunder). Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company as to his or her knowledge of the terms Company’s compliance with all conditions and covenants under this Indenture (without regard to any period of grace or requirement of notice provided hereunder). Such Officers’ Certificate need not comply with Section 102 of this Indenture.
Appears in 2 contracts
Samples: Indenture (Royal Caribbean Cruises LTD), Royal Caribbean Cruises LTD
Statement as to Compliance. The Company Corporation shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company Corporation ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company Corporation is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company 182 Corporation shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 1 contract
Samples: Sce&g Trust I
Statement as to Compliance. The Company shall will deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year’ Certificate, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance 61 with any of the terms, provisions, all conditions and covenants and conditions of this 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. For the purpose of this Section 10.4, compliance shall be determined Indenture (without regard to any period of grace period or requirement of notice provided pursuant hereunder). Such certificate shall contain a certification from the principal executive officer, principal financial officer or principal accounting officer of the Company as to his or her knowledge of the terms Company’s compliance with all conditions and covenants under this Indenture (without regard to any period of grace or requirement of notice provided hereunder). Such Officers’ Certificate need not comply with Section 102 of this Indenture.
Appears in 1 contract
Samples: Royal Caribbean Cruises LTD
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Officer's Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 1 contract
Samples: Banknorth Capital Trust Ii
Statement as to Compliance. The Company shall deliver to the Trustee, beginning ________________ within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 1 contract
Samples: MBNK Capital Trust I
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar fiscal year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.41005, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 1 contract
Samples: Trust Agreement (Hartford Financial Services Group Inc/De)
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.41005, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 1 contract
Samples: Hartford Capital Iv /De/
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company ending after the date hereof, an Officers' ’ Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 1 contract
Samples: Gainsco Inc
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose of this Section 10.41006, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 1 contract
Samples: Hartford Capital Iv /De/
Statement as to Compliance. The Company shall deliver to the Trustee, within 120 days after the end of each calendar year of the Company ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this 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. For the purpose purposes of this Section 10.41006, compliance shall be determined without regard to any grace period or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 1 contract
Samples: Senior Indenture (Universal American Financial Corp)
Statement as to Compliance. The Company Corporation shall deliver to the Trustee, within 120 days after the end of each calendar fiscal year of the Company Corporation ending after the date hereof, an Officers' Certificate covering the preceding calendar year, stating whether or not to the best knowledge of the signers thereof the Company Corporation is in default in the performance, observance or fulfillment of or compliance with any of the terms, provisions, covenants and conditions of this Indenture, and if the Company Corporation shall be in default, specifying all such defaults and the nature and status thereof of which they may have knowledge. For the purpose of this Section 10.4, compliance shall be determined without regard to any grace period (other than an Extension Period) or requirement of notice provided pursuant to the terms of this Indenture.
Appears in 1 contract
Samples: First Coastal Capital Trust