Filings with the Securities and Exchange Commission. The provisions of this paragraph shall not apply until such time as any Class of Certificates is registered under the Securities Act of 1933. Thereupon, the Depositor shall prepare for filing, execute and properly file with the Commission, the initial 8-K. The Trustee shall, at the expense of the Depositor, prepare for filing, execute and properly file with the Commission (i) the Form 10-K, (ii) the Form 15 in January, 2002 and (iii) the Form 8-K with the following attachments: (a) the Distribution Date Statements, and (b) any additional items requested by the Depositor, and (c) any items specifically provided herein to be filed on behalf of the Trust under the Exchange Act; provided that any such items shall have been received by the Trustee (to the extent not generated by the Trustee) in the format required for electronic filing via the XXXXX system. The Depositor hereby grants to the Trustee a limited power of attorney to execute and file each such document (other than the initial 8-K) on behalf of the Depositor. Such power of attorney shall continue until either the earlier of (i) receipt by the Trustee from the Depositor of written termination of such power of attorney and (ii) the termination of the Trust Fund. The Depositor agrees to promptly furnish to the Trustee, from time to time upon request, such further information, reports, and financial statements within its control related to this Agreement and the Mortgage Loans as the Trustee reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Trustee shall have no responsibility to file any such items that have not been received in such XXXXX compatible or convertible format nor shall it have any responsibility to convert any items to such format. The Depositor shall (i) promptly file, and exercise its reasonable best efforts to obtain a favorable response to, no-action requests to, or requests for other appropriate exemptive relief from, the Commission regarding the usual and customary exemption from certain reporting requirements granted to issuers of securities similar to the Certificates; and, (ii) promptly forward copies of any response from the Commission to the Trustee.
Filings with the Securities and Exchange Commission. The Trustee shall, at the expense of the Depositor, prepare for filing, execute and properly file with the Commission, any and all reports, statements and information, including, without limitation, Distribution Date Statements, Delinquent Loan Status Reports, REO Status Reports, Historical Loan Modification Reports, Special Servicer Loan Status Reports, Historical Loss Reports and Operating Statement Analyses, respecting the Trust Fund and/or the Certificates required or specifically provided herein to be filed on behalf of the Trust under the Exchange Act; provided that such items shall have been received by the Trustee (to the extent not generated by the Trustee) in the format required for electronic filing via the XXXXX system; and provided, further, that any such items that are required to be delivered by the Master Servicer or the Special Servicer to the Trustee shall be so delivered in the format required for electronic filing via the XXXXX system (in addition to any other required format). The Trustee shall have no responsibility to file any such items that have not been received in such XXXXX-compatible format nor shall it have any responsibility to convert any items to such format. The Depositor shall promptly file, and exercise its reasonable best efforts to obtain a favorable response to, no-action requests to, or requests for other appropriate exemptive relief from, the Commission regarding the usual and customary exemption from certain reporting requirements granted to issuers of securities similar to the Certificates.
Filings with the Securities and Exchange Commission. (a) Each of the Trustee, the Fiscal Agent, the Master Servicer and the Special Servicer shall reasonably cooperate with the Depositor in connection with the Trust Fund's satisfying the reporting requirements under the Exchange Act. Based on information furnished to it by the Master Servicer and the Depositor (in an 80 column unformatted electronic format acceptable to the Trustee), the Trustee will prepare on behalf of the Trust Fund, Forms 8-K and 10-K customary for similar securities and any other such periodic reports required to be filed under the provisions of the Exchange Act, and the Rules and Regulations of the Commission thereunder and file (via the Commission's Electronic Data Gathering and Retrieval System) such forms on behalf of the Depositor. Each Form 8-K shall be filed by the Trustee within 15 days after each Distribution Date, including a copy of the Distribution Date Statement for such Distribution Date as an exhibit thereto. Prior to March 30th of each year (or such earlier date as 279 may be required by the Exchange Act and the Rules and Regulations of the Commission), commencing in 2006, the Trustee shall file a Form 10-K, in substance as required by applicable law or applicable Commission staff's interpretations. Any Form 10-K filed with the Commission in connection with this Section 8.14 shall include a certification, signed by the senior officer of the Depositor, in the form attached as Exhibit M-1 hereto or such other form as may be required or permitted by the Commission (the "Form 10-K Certification"), in compliance with Rules 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission. The Form 10-K Certification shall be delivered to the Trustee for filing by March 20th of each year (or if not a Business Day, the immediately preceding Business Day). The Depositor hereby grants to the Trustee a limited power of attorney to execute and file each such Form 10-K on behalf of the Depositor; provided that the Trustee shall not execute and file such Form 10-K without the consent of the Depositor. Such power of attorney shall continue until the earlier of either (i) receipt by the Trustee from the Depositor of written termination of such power of attorney and (ii) the termination of the Trust. Notwithstanding the foregoing, in the event that the Commission does not accept a Form 10-K Certification signed by the Depositor where the related Form 10-K is signed by the Trustee on behalf of the Depositor, the Tr...
Filings with the Securities and Exchange Commission. Based on information furnished to it by the Master Servicer and the Depositor (in an 80 column unformatted electronic format acceptable to the Trustee), the Trustee will prepare and file with the Securities and Exchange Commission on Form 8-K (including XXXXX filings), on behalf of the Trust Fund, each Distribution Date Statement. The Trustee shall have no responsibility to file any items other than those specified in this Section 8.14. Prior to January 2, 2001 (and each anniversary thereafter until directed by the Depositor to file a Form 15, delisting the transaction) the Trustee shall hire counsel selected by the Depositor to file Form 10-K's on behalf of the Trust Fund for the preceding fiscal year. Any fees and expenses accrued and incurred by the Trustee in connection with this Section 8.14 (including reasonable attorneys' fees) shall be reimbursed to it by the Depositor. Prior to filing any such reports, the Trustee shall submit reports to the Depositor for review and approval.
Filings with the Securities and Exchange Commission. (a) ICC has delivered to each Seller correct and complete copies of its Prospectus dated March 28, 2000 as filed with the Commission pursuant to Rule 424(b) under the Securities Act (the "Prospectus"), its Annual Report on Form 10-KSB for the year ended July 31, 1999 (the "Form 10-KSB") and its Quarterly Reports on Form 10-QSB for the quarters ended October 31, 1999, January 31, 1999 and April 30, 2000 (the "Forms 10-QSB"). The Prospectus, the Form 10-KSB and the Forms 10-QSB (the "ICC SEC Reports") have been timely filed pursuant to the Securities Act or the Exchange Act, as applicable.
(b) The Prospectus, the Form 10-KSB and the Forms 10-QSB complied as to form in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, in effect on the respective dates thereof. None of the Prospectus, the Form 10-KSB or the Forms 10-QSB, when filed pursuant to the Securities Act or the Exchange Act, as applicable, contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading.
(c) Each of the financial statements (including the related notes) included in the Form 10-KSB and the Forms 10-QSB presents fairly, in all material respects, the consolidated financial position and consolidated results of operations and cash flows of ICC as of the respective dates or for the respective periods set forth therein, all in conformity with GAAP consistently applied during the periods involved, except as otherwise noted therein, and subject, in the case of any unaudited interim financial statements included therein, to normal year-end adjustments and to the absence of complete footnotes.
Filings with the Securities and Exchange Commission. The --------------------------------------------------- Company has made all filings with the SEC that it has been required to make within the past three years under the Securities Act and the Exchange Act (collectively the "Public Reports"). Each of the Public Reports has complied with the Securities Act and the Exchange Act in all material respects.
Filings with the Securities and Exchange Commission. The Trustee shall, prepare and file with the Commission any and all reports, statements and information respecting the Trust Fund and/or the Certificates required to be filed. Notwithstanding the foregoing, within [__] days following the Closing Date, the Depositor shall prepare, and the Trustee shall execute and file with the Commission, a report on Form 8-K setting forth information with respect to the Underlying Certificates included in the Trust Fund on the Closing Date.]
Filings with the Securities and Exchange Commission. To the --------------------------------------------------- best knowledge of AzurTec, AzurTec's filings with the Securities and Exchange Commission made from January 1, 2003 to the Effective Date conformed in all material respects with the requirements of the Securities Act and the rules and regulations thereunder; and no such document when it was filed (or, if any amendment with respect to any such document was filed, when such amendment was filed), contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein not misleading.
Filings with the Securities and Exchange Commission. With a view to making available the benefits of certain rules and regulations of the Securities and Exchange Commission that may permit the sale of the Shares to the public without registration, the Company agrees to use its best efforts to: (a) remain subject to the reporting requirements of Section 13 of the Securities Exchange Act of 1934, as amended, and file with the Securities and Exchange Commission in a timely manner all reports required of the Company thereunder; and (b) furnish to the Stockholder upon written request a written statement by the Company as to its compliance with the reporting requirements of Section 13 of the Securities Exchange Act of 1934, as amended.
Filings with the Securities and Exchange Commission. The Voting Stockholders hereby agree to assist in the preparation and filing of any documents with the Securities and Exchange Commission, as is necessary to comply with the terms of this Agreement.
