Common use of Statement as to Default Clause in Contracts

Statement as to Default. Each Issuer shall deliver to the Trustee, within 120 days after the end of each fiscal year of such Issuer ending after the date hereof, an Officer's Certificate, to the effect that to the best knowledge of the signer thereof such Issuer is or is not in default in the performance and 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 such Issuer shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Note Guarantor shall comply with TIA Section 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 4.06 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA Section 314(a)(4).

Statement as to Default. Each Issuer shall deliver to ----------------------- the Trustee, within 120 days after the end of each fiscal year of such Issuer ending after the date hereof, an Officer's Certificate, to the effect that to the best knowledge of the signer thereof such Issuer is or is not in default in the performance and 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 such Issuer shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Note Guarantor shall comply with TIA Section (S) 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 4.06 406 shall be the principal executive, financial ----------- or accounting officer of such Person, in compliance with TIA Section (S) 314(a)(4).

Statement as to Default. Each Issuer The Issuers shall deliver to the Trustee, within 120 days after the end of each fiscal year of such Issuer the Issuers ending after the date hereofJanuary 1, 2007, an Officer's Certificate, Certificate to the effect that to the best knowledge of the signer thereof such Issuer neither of the Issuers is or is not in default in the performance and 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 such Issuer either of the Issuers shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Note Guarantor Subsidiary Guarantor, if any, shall comply with TIA Section 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 4.06 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA Section 314(a)(4).

Statement as to Default. Each Issuer The Issuers shall deliver to the Trustee, within 120 days after the end of each fiscal year of such Issuer the Issuers ending after the date hereofJanuary 1, 2011, an Officer's Certificate, ’s Certificate to the effect that to the best knowledge of the signer thereof such Issuer neither of the Issuers is or is not in default in the performance and 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 such Issuer either of the Issuers shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Note Guarantor Subsidiary Guarantor, if any, shall comply with TIA Section § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 4.06 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA Section § 314(a)(4).

Statement as to Default. Each Issuer The Issuers shall deliver to the Trustee, within 120 days after the end of each fiscal year of such Issuer the Issuers ending after the date hereofJanuary 1, 2010, an Officer's Certificate, ’s Certificate to the effect that to the best knowledge of the signer thereof such Issuer neither of the Issuers is or is not in default in the performance and 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 such Issuer either of the Issuers shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Note Guarantor Subsidiary Guarantor, if any, shall comply with TIA Section § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 4.06 406 shall be the principal executive, financial or accounting officer of such Person, in compliance with TIA Section § 314(a)(4).

Statement as to Default. Each Issuer The Issuers shall deliver to the Trustee, within 120 days after the end of each fiscal year of such Issuer the Company ending after the date hereofJanuary 1, 2006, an Officer's Certificate, ’s Certificate to the effect that to the best knowledge of the signer thereof such Issuer none of the Issuers is or is not in default in the performance and 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 such Issuer any of the Issuers shall be in default, specifying all such defaults and the nature and status thereof of which such signer may have knowledge. To the extent required by the TIA, each Note Guarantor shall comply with TIA Section § 314(a)(4). The individual signing any certificate given by any Person pursuant to this Section 4.06 406 shall be the principal executive, financial or accounting officer Officer of such Person, in compliance with TIA Section § 314(a)(4).