Res 1983-028 - Laserfiche WebLink

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Assets, and (Hi) Consolidated Senior Funded Indebtedness shall be not more than 68. 4~o of Consolidated Net Tangible Assets. (e) Annual Statement and Certificate. The User will furnish to the Trustee in duplicate, as soon as available and in any event within 120 days after the end of each fiscal year of the User: (i) a written statement of the principal finan- cial officer of the User setting forth computations in reason- able detail showing, as at the end of such fiscal year, its compliance with the covenants set forth in subsections (a), (b), (c) and (d) of this Section 8.12; and (H) a certificate of the Chairman of the Board or President or a Vice President of the User stating that, based upon such examination or investigation and review of this Agreement and the Indenture as in the opinion of the signer is necessary to enable the signer to express an informed opinion with respect thereto, to the best knowledge of the signer neither the User nor any of its Restricted Subsidiaries in the opinion of the signer is, or has during such fiscal year been, in default in the perfor- mance or observance of any of the terms, covenants or condi- tions applicable to it under this Agreement or the Indenture or, if to the best knowledge of the signer the User or any of its Restricted Subsidiaries shall be, or have been, in de- fault, specifying all such defaults, and the nature and period of existence thereof, of which the signer of such certificate may have knowledge, and what action the User has taken, is taking or proposes to take with respect thereto. Section 2. Section 8.13(b) of the Original Agreement is hereby amended to read as follows: (b) "Consolidated Current Assets" include at any date all assets of the User and its Restricted Subsidiaries which would, in accordance with generally accepted accounting principles, be class ified on a consolidated balance sheet of the User and its Restricted Subsidiaries at such date as current assets, but excluding: (i) any reacquired shares or indebtedness; (H) any indebtedness owing by an affiliate unless such indebtedness arose in connection with the sale of goods or other property in the ordinary course of business or the performance of services in the ordinary course of business and would otherwise constitute current assets in accordance with generally accepted accounting principles; (Hi) any Investment (as hereafter defined); and (iv) any assets located outside and not freely returnable to the United States of America or Canada. The preceding sentence notwithstanding, un t il but not including April 30, 1984, $51,000,000 (repre- senting the total of the stipulated values listed opposite each asset below) shall be included in Consolidated Current Assets, notwithstanding the capitalization of each of those -3-