Common use of Commission Filings and Reports Clause in Contracts

Commission Filings and Reports. Each of the Company and Parent covenants to comply with Section 314(a) of the Trust Indenture Act as it relates to reports, information and documents that the Company or Parent, as applicable, may be required to file with the Trustee pursuant to such Section 314(a) and with the Commission pursuant to Section 13 or 15(d) of the Exchange Act or otherwise by the Exchange Act, the Trust Indenture Act or other rules and regulations of the Commission and to file such reports, information and documents with the Trustee within 45 days after the same is required to be filed with the Commission (giving effect to any grace period provided by Rule 12b-25 under the Exchange Act); provided that in each case the delivery of materials to the Trustee by electronic means or filing pursuant to the Commission’s “XXXXX” system (or any successor electronic filing system) shall be deemed to constitute “filing” with the Trustee for purposes of this Section 5.10. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s and Parent’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).”

Appears in 2 contracts

Samples: First Supplemental Indenture (Lam Research Corp), First Supplemental Indenture (Novellus Systems Inc)

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Commission Filings and Reports. Each of the The Company and Parent covenants to comply with Section 314(a) of the Trust Indenture Act as it relates to reports, information and documents that the Company or Parent, as applicable, may be required to file with the Trustee pursuant to such Section 314(a) and with the Commission pursuant to Section 13 or 15(d) of the Exchange Act or otherwise by the Exchange Act, the Trust Indenture Act or other rules and regulations of the Commission and to file such reports, information and documents with the Trustee within 45 15 days after the same is required to be filed with the Commission (giving effect to any grace period provided by Rule 12b-25 under the Exchange Act); provided that in each case the delivery of materials to the Trustee by electronic means or filing of documents pursuant to the Commission’s “XXXXX” system and the Interactive Data Electronic Applications System (“IDEA”) (or any successor electronic filing system) shall be deemed to constitute “filing” with the Trustee for purposes of this Section 5.107.09. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s and Parent’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).

Appears in 2 contracts

Samples: Indenture (American Medical Systems Holdings Inc), Indenture (AMS Sales CORP)

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Commission Filings and Reports. Each of the The Company and Parent covenants to comply with Section 314(a) of the Trust Indenture Act as it relates to reports, information and that any documents or reports that the Company or Parent, as applicable, may be is required to file with the Trustee pursuant to such Section 314(a) and with the Commission pursuant to Section 13 or 15(d) of the Exchange Act or otherwise shall be filed by the Exchange Act, the Trust Indenture Act or other rules and regulations of the Commission and to file such reports, information and documents Company with the Trustee within 45 15 calendar days after the same is required to be filed with the Commission pursuant to its rules and regulations (giving effect to any grace period provided by Rule 12b-25 under the Exchange Act); provided that in each case the delivery of materials to the Trustee by electronic means or filing of documents pursuant to the Commission’s “XXXXX” system (or any successor electronic filing system) shall be deemed to constitute “filing” with the Trustee for purposes of this Section 5.104.10. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s and Parent’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Officer’s Certificates). The Trustee shall have no responsibility to determine whether any such filings have been made.

Appears in 2 contracts

Samples: Hc2 Holdings, Inc., Hc2 Holdings, Inc.

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