Common use of Statements as to Defaults Clause in Contracts

Statements as to Defaults. The Company is required to deliver to the Trustee, within 120 days after the end of each fiscal year, an Officer’s Certificate, stating whether or not to the knowledge of the signer thereof the Company is 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 under this Indenture) and, if the Company is in default, specifying all such Default or Event of Defaults and the nature and the status thereof of which he or she may have knowledge. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after the Company becomes aware of the occurrence of any Default or Event of Default, an Officer’s Certificate setting forth the details of such Default or Event of Default, its status and the action that the Company proposes to take with respect thereto; provided that no such Officer’s Certificate shall be required to the extent that the event that would constitute a Default or Event of Default has been cured or waived prior to the date on which such Officer’s Certificate is due. Such Officer’s Certificate shall also comply with any additional requirements set forth in Section 5.07 hereof. The Trustee shall not be deemed to have notice of any default or event of default unless a Responsible Officer of the Trustee has actual knowledge thereof.

Statements as to Defaults. The Company is required to deliver to the Trustee, within 120 days after the end of each fiscal year, an Officer’s Certificate, stating whether or not to the knowledge of the signer thereof the Company is 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 under this Indenture) and, if the Company is in default, specifying all such Default or Event of Defaults and the nature and the status thereof of which he or she may have knowledge. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after the Company becomes aware of the occurrence of any Default or Event of Default, an Officer’s Certificate setting forth the details of such Default or Event of Default, its status and the action that the Company proposes to take with respect thereto; provided that no such Officer’s Certificate shall be required to the extent that the event that would constitute a Default or Event of Default has been cured or waived prior to the date on which such Officer’s Certificate is due. Such Officer’s Certificate shall also comply with any additional requirements set forth in Section 5.07 hereof. The Trustee shall not be deemed to have notice of any default Default or event Event of default Default unless a Responsible Officer of the Trustee has actual knowledge thereof.

Statements as to Defaults. The Company is required to deliver to the Trustee, within 120 days after the end of each fiscal year, an Officer’s Certificate, Certificate stating whether or not to the knowledge of the signer thereof the Company is 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 under this Indenture) and, if the Company is in default, specifying all such Default or Event of Defaults and the nature and the status thereof of which he or she such Officer may have knowledge. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after the Company becomes aware of the occurrence of any Default or Event of Default, an Officer’s Certificate setting forth the details of such Default or Event of Default, its status and the action that the Company proposes to take with respect thereto; provided that no such Officer’s Certificate shall be required to the extent that the event that would constitute a Default or Event of Default has been cured or waived prior to the date on which such Officer’s Certificate is due. Such Officer’s Certificate shall also comply with any additional requirements set forth in Section 5.07 hereof. The Trustee shall not be deemed to have notice of any default Default or event Event of default Default unless a Responsible Officer of the Trustee has actual knowledge thereof.

Statements as to Defaults. The Company is required to deliver to the Trustee, within 120 one hundred and twenty (120) days after the end of each fiscal year, an Officer’s Certificate, Certificate stating whether or not to the knowledge of the signer thereof the Company is 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 under this Indenture) and, if the Company is in default, specifying all such Default or Event of Defaults and the nature and the status thereof of which he or she such Officer may have knowledge. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 thirty (30) calendar days after the Company becomes aware of the occurrence of any Default or Event of Default, an Officer’s Certificate setting forth the details of such Default or Event of Default, its status and the action that the Company proposes to take with respect thereto; provided that no such Officer’s Certificate shall be required to the extent that the event that would constitute a Default or Event of Default has been cured or waived prior to the date on which such Officer’s Certificate is due. Such Officer’s Certificate shall also comply with any additional requirements set forth in Section 5.07 hereof. The Trustee shall not be deemed to have notice of any default Default or event Event of default Default unless a Responsible Officer of the Trustee has actual knowledge thereof.

Statements as to Defaults. The Company is required to deliver to the Trustee, within 120 days after the end of each fiscal year, an Officer’s Certificate' Certificate from its principal executive officer, principal financial officer or principal accounting officer, stating whether or not to the knowledge of the signer signers thereof the Company is 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 under this Indenture) and, if the Company is in default, specifying all such Default or Event of Defaults and the nature and the status thereof of which he or she they may have knowledge. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after the Company becomes aware of the occurrence of any Default or Event of Default, an Officer’s 's Certificate setting forth the details of such Default or Event of Default, its status and the action that the Company proposes to take with respect thereto; provided that no such Officer’s Certificate shall be required to the extent that the event that would constitute a Default or Event of Default has been cured or waived prior to the date on which such Officer’s Certificate is due. Such Officer’s 's Certificate shall also comply with any additional requirements set forth in Section 5.07 hereof. The Trustee shall not be deemed to have notice of any default or event of default unless a Responsible Officer of the Trustee has actual knowledge thereof.

Statements as to Defaults. The Company is required to deliver to the Trustee, within 120 135 days after the end of each fiscal yearyear beginning with the end of the year of the original issue date of the Notes, an Officer’s Certificate, stating whether or not to the knowledge of the signer thereof the Company is 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 under this Indenture) and, if the Company is in default, specifying all such Default or Event of Defaults and the nature and the status thereof of which he or she may have knowledge. In addition, the Company shall deliver to the Trustee, as soon as possible, and in any event within 30 calendar days after the Company becomes aware of the occurrence of any Default or Event of Default, an Officer’s Certificate setting forth the details of such Default or Event of Default, its status and the action that the Company proposes to take with respect thereto; provided that no such Officer’s Certificate shall be required to the extent that the event that would constitute a Default or Event of Default has been cured or waived prior to the date on which such Officer’s Certificate is due. Such Officer’s Certificate shall also comply with any additional requirements set forth in Section 5.07 hereof. The Trustee shall not be deemed to have notice of any default Default or event Event of default Default unless a Responsible Officer of the Trustee has actual knowledge received notice thereof.