Section 408 Compliance Certificate. The Company shall, except as otherwise provided in this Section 4.08, deliver to the Trustee, within one hundred twenty calendar days after the end of each fiscal year of the Company (which fiscal year of the Company presently ends on the Sunday nearest to January 31), a certificate signed by either the principal executive officer, principal financial officer or principal accounting officer of the Company, 3 stating whether or not to the best knowledge of the signer thereof the
... Company or the Issuer 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 hereunder) and, if the Company or the Issuer shall be in default, specifying all such defaults and the nature and the status thereof of which the signer may have knowledge (such certificate, a "Compliance Certificate"). The Company will, except as otherwise provided in this Section 4.08, deliver to the Trustee, promptly upon becoming aware of (i) any default in the performance or observance of any covenant, agreement or condition contained in this Indenture, or (ii) any Event of Default, an Officers' Certificate specifying with particularity such default or Event of Default and further stating what action the Company or the Issuer has taken, is taking or proposes to take with respect thereto (such certificate, a "Default Certificate"). Any notice required to be given under this Section 4.08 shall be delivered to a Responsible Officer of the Trustee at its Corporate Trust Office. Notwithstanding any other provision of this Section 4.08 or this Indenture, (i) the Compliance Certificate that the Company would have been required (but for this sentence) to deliver pursuant to this Section 4.08 at any time before the Covenant Reversion Date shall not be required to be delivered for failure of the Company to comply with Sections 4.08 or 5.04 of this Indenture until the Covenant Reversion Date, and (ii) the Company shall have no obligation to deliver a Default Certificate pursuant to this Section 4.08 relating to the default in the performance or breach of any covenant contained in Sections 4.08 or 5.04 of this Indenture that occurred prior to the Covenant Reversion Date.
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