TO COMPLIANCE CERTIFICATE. This Attachment No. 1 is attached to and made a part of a Compliance Certificate dated as of ____________, ____ and pertains to the period from ____________, ____ to ____________, ____. Subsection references herein relate to subsections of the Credit Agreement.
TO COMPLIANCE CERTIFICATE. This Attachment No. 1 is attached to and made a part of a Compliance Certificate dated as of , 200_ and pertains to the period from , 200_ to , 200_. Subsection references herein relate to subsections of the Credit Agreement.
TO COMPLIANCE CERTIFICATE. I. Net Cash (This is not a financial covenant but is used to determine Streamline Period eligibility.) Required: at least $1.00 Actual: $
TO COMPLIANCE CERTIFICATE. This Attachment No. 1 is attached to and made a part of a Compliance Certificate dated as of ____________, ____ and pertains to the period from ____________, ____ to ____________, ____. Section references herein relate to Sections of the Credit Agreement. [**Attach spreadsheet**] EXHIBIT V FORM OF OPINION OF XXXXXXXX & XXXXX LLP 000 Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 (000) 000-0000 Facsimile: (000) 000-0000 xxx.xxxxxxxx.xxx June 8, 2011 The Administrative Agent and to each of the Lenders party to the Credit Agreement defined below Re: U.S. Silica Company Ladies and Gentlemen: We have acted as special legal counsel to USS Holdings, Inc., a Delaware corporation (“Holdings”), U.S. Silica Company, a Delaware corporation (“Borrower”), BMAC Services Co., Inc., a Delaware corporation (“BMAC Services”), The Xxxxxx Land and Timber Company, a Pennsylvania corporation (“Xxxxxx”), Pennsylvania Glass Sand Corporation, a Delaware corporation (“PGSC”) and Ottawa Silica Company, a Delaware corporation (“OSC”, together with Holdings, Borrower, BMAC Services, Xxxxxx and PGSC, the “Credit Parties” and each, a “Credit Party”). This opinion is being issued in response to the requirement in Section 3.6 of that certain Second Amended and Restated Credit Agreement dated as of the date hereof (the “Credit Agreement”), by and among the Credit Parties, the lenders from time to time party thereto (the “Lenders”) and BNP Paribas, as administrative agent (the “Administrative Agent”) and as collateral agent under the Security Agreement (as defined below) (the “Collateral Agent” and together with the Administrative Agent, the “Agents”).
TO COMPLIANCE CERTIFICATE. This Attachment No. 1 is attached to and made a part of a Compliance Certificate dated as of and pertains to the period from to [four Fiscal Quarters]. Section references herein relate to subsections of the Lease Agreement.1 Total Net Leverage Ratio (amounts in millions of $ except for ratios)
TO COMPLIANCE CERTIFICATE. This Attachment No. 1 is attached to and made a part of a Compliance Certificate dated as of , and pertains to the period from , to , . Subsection references herein relate to subsections of the Credit Agreement. Ratio of Net Debt to EBITDA, Section 5.02(d)
TO COMPLIANCE CERTIFICATE. Financial Covenants
TO COMPLIANCE CERTIFICATE. Financial Covenants I further certify that (Please check and complete each of the following):
TO COMPLIANCE CERTIFICATE. Financial Covenants of Borrower In the event of a conflict between this Schedule and the Agreement, the terms of the Agreement shall govern. Dated:
TO COMPLIANCE CERTIFICATE. This Attachment No. 1 is attached to and made a part of a Compliance Certificate dated as of , and pertains to the period from , to , . Section references herein relate to subsections of the Credit Agreement.(1) First Lien Net Leverage Ratio
