Reports by Issuer. (a) The Issuer shall: (i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act; (ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and (iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC. (b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format. (c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year. (d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 22 contracts
Samples: Indenture (RG&E Storm Funding LLC), Indenture (NYSEG Storm Funding LLC), Indenture (PACIFIC GAS & ELECTRIC Co)
Reports by Issuer. The Issuer will:
(a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents File with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) ), if any, which the Issuer or the Depositor may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act;
(iib) provide to File with the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports reports, if any, with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iiic) supply Transmit by mail to the Indenture Trustee (and Noteholders, within 30 days after the filing thereof with the Indenture Trustee shall transmit Trustee, in the manner and to all Holders described the extent provided in TIA § Section 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer Issuer, if any, pursuant to clauses (iSection 3.24(a) and (ii) of this Section 7.03(ab) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except . The Indenture Trustee may conclusively rely and accept such reports from the Issuer as may be provided by fulfilling the requirements of this Section 313(c) 3.24, with no further duty to examine such reports or to determine whether such reports comply with the prescribed timing, rules and regulations of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) SEC. Delivery of such reports, information and documents reports to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificatesan Officers’ Certificate).
Appears in 12 contracts
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor Sponsor is required to file such documents with the SEC, provide to the Indenture TrusteeTrustee and the Commission, within fifteen (15) 15 days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor Sponsor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and the Commission and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § Section 313(c))) of the Trust Indenture Act) and the Commission, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(cb) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer year and will promptly notify the Indenture Trustee regarding any change in fiscal year.
(dc) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 10 contracts
Samples: Indenture (Duke Energy Progress SC Storm Funding LLC), Indenture (Duke Energy Progress SC Storm Funding LLC), Indenture (Duke Energy Progress SC Storm Funding LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act or, if the Issuer is not required to file with the Commission information, documents or reports pursuant to either Section 13 or Section 15(d) of the Securities Exchange Act, then the Issuer will file with the Indenture Trustee and with the Commission, in accordance with rules and regulations prescribed by the Commission, such of the supplementary and periodic information, documents and reports required pursuant to the Securities Exchange Act as may be prescribed in such rules and regulations;
(ii) provide to the Indenture Trustee and file with the SECCommission, in accordance with the rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time (with a copy of any such filings being delivered promptly to time by such rules the Indenture Trustee); and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders Noteholders described in TIA § 313(c)), ) such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required by the rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of Commission. Unless the Trust Indenture ActIssuer otherwise determines, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year. For the avoidance of doubt, unless the Issuer otherwise determinesdelivery of any information, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information documents and documents reports to the Indenture Trustee pursuant to clauses (i) and (ii) of this Section 7.3 is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to conclusively rely exclusively on an Officer’s CertificatesCertificate).
Appears in 7 contracts
Samples: Indenture (GE TF Trust), Indenture (GE Equipment Transportation LLC, Series 2014-1), Indenture (GE Equipment Transportation LLC, Series 2014-1)
Reports by Issuer. The Issuer will:
(a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents File with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) ), if any, which the Issuer or the Depositor may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act;
(iib) provide to File with the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports reports, if any, with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iiic) supply Transmit by mail to the Indenture Trustee (and Noteholders, within 30 days after the filing thereof with the Indenture Trustee shall transmit Trustee, in the manner and to all Holders described the extent provided in TIA § Section 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer Issuer, if any, pursuant to clauses (iSection 3.24(a) and (ii) of this Section 7.03(ab) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except . The Indenture Trustee may conclusively rely and accept such reports from the Issuer as may be provided by fulfilling the requirements of this Section 313(c) 3.24, with no further duty to examine such reports or to determine whether such reports comply with the prescribed timing, rules and regulations of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) SEC. Delivery of such reports, information and documents reports to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s 's receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s 's compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificatesan Officers' Certificate).
Appears in 6 contracts
Samples: Indenture (National Collegiate Student Loan Trust 2007-2), Indenture (National Collegiate Student Loan Trust 2007-1), Indenture (National Collegiate Student Loan Trust 2005-1)
Reports by Issuer. (a) The Issuer shall:
(i1) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide ; or, if the Issuer is not required to file information, documents or reports pursuant to either of said sections, then it shall file with the Indenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(2) file with the SEC, Indenture Trustee and the Commission in accordance with rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and;
(iii3) supply transmit or deliver to the Indenture Trustee (and the Indenture Trustee shall Trustee, who shall, in turn, transmit by mail to all Holders Bondholders described in TIA § ss. 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i1) and (ii2) of this Section 7.03(a7.04(a) as may be required by rules and regulations prescribed from time to time by the SECCommission; and
(4) furnish to the Indenture Trustee, not less often than annually, a certificate from the principal executive officer, principal financial officer or principal accounting officer of the Issuer as to such officer's knowledge of the Issuer's compliance with all conditions and covenants of this Indenture which compliance shall be determined without regard to any period of grace or requirement of notice provided hereunder.
(b) Except as may be provided Unless and until changed by Section 313(c) of notice in writing from the Trust Issuer to the Indenture ActTrustee, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 5 contracts
Samples: Indenture Agreement (Criimi Mae CMBS Corp), Indenture Agreement (Criimi Mae CMBS Corp), Indenture Agreement (Criimi Mae CMBS Corp)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor Sponsor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor Sponsor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described in TIA § Section 313(c)) of the Trust Indenture Act), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(cb) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case and the Issuer will promptly notify the Indenture Trustee regarding any change in its fiscal year.
(dc) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only only, and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 4 contracts
Samples: Indenture (PNM Energy Transition Bond Co I, LLC), Indenture (PNM Energy Transition Bond Co I, LLC), Indenture (PNM Energy Transition Bond Co I, LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act or, if the Issuer is not required to file with the Commission information, documents or reports pursuant to either Section 13 or Section 15(d) of the Securities Exchange Act, then the Issuer will file with the Indenture Trustee and with the Commission, in accordance with rules and regulations prescribed by the Commission, such of the supplementary and periodic information, documents and reports required pursuant to the Securities Exchange Act as may be prescribed in such rules and regulations;
(ii) provide to the Indenture Trustee and file with the SECCommission, in accordance with the rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time (with a copy of any such filings being delivered promptly to time by such rules the Indenture Trustee); and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders Noteholders described in TIA § 313(c)), ) such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required by the rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of Commission. Unless the Trust Indenture ActIssuer otherwise determines, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year. For the avoidance of doubt, unless the Issuer otherwise determinesdelivery of any information, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information documents and documents reports to the Indenture Trustee pursuant to clauses (i) and (ii) of this Section 7.3 is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to conclusively rely exclusively on an Officer’s CertificatesCertificate).
Appears in 4 contracts
Samples: Indenture (GE Equipment Transportation LLC, Series 2012-2), Indenture (GE Equipment Transportation LLC, Series 2012-2), Indenture (GE Equipment Transportation LLC, Series 2012-1)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor Sponsor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor Sponsor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described in TIA § Section 313(c)) of the Trust Indenture Act), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(cb) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 4 contracts
Samples: Indenture (Consumers Energy Co), Indenture (Consumers Energy Co), Indenture (Consumers 2014 Securitization Funding LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor Cleco Power is required to file such documents with the SEC, provide to the Indenture TrusteeTrustee and the Louisiana Commission, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor Cleco Power may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange ActSEC;
(ii) provide to the Indenture Trustee and the Louisiana Commission and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § Section 313(c))) of the Trust Indenture Act) and the Louisiana Commission, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(cb) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer year and will promptly notify the Indenture Trustee regarding any change in fiscal year.
(dc) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 3 contracts
Samples: Indenture (Cleco Power LLC), Indenture (Cleco Power LLC), Indenture (Cleco Power LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor Sponsor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor Sponsor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described in TIA § Section 313(c)) of the Trust Indenture Act), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) . Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only only, and the Indenture Trustee’s receipt of such reports, information and documents shall not constitute constructive or actual knowledge or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
(b) Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year.
Appears in 3 contracts
Samples: Indenture (DTE Electric Securitization Funding II LLC), Indenture (DTE Electric Securitization Funding II LLC), Indenture (DTE Electric Securitization Funding II LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor KGS (or ONE Gas, Inc. if KGS is not a separate SEC registrant) is required to file such documents with the SEC, provide to the Indenture TrusteeTrustee and the Kansas Commission, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor KGS (or ONE Gas, Inc. if KGS is not a separate SEC registrant) may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and the Kansas Commission and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply provide to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § Section 313(c))) of the Trust Indenture Act) and the Kansas Commission, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format, and the Issuer shall be deemed to have provided such materials to the Indenture Trustee and the Kansas Commission if such materials are available on the SEC’s XXXXX website (or any successor SEC website).
(cb) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case and the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(dc) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 3 contracts
Samples: Indenture (Kansas Gas Service Securitization I, L.L.C.), Indenture (Kansas Gas Service Securitization I, L.L.C.), Indenture (Kansas Gas Service Securitization I, L.L.C.)
Reports by Issuer. (a) The Issuer shallwill:
(i1) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to Senior Trustee for the Indenture TrusteeSecurities of such series, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act;
(ii) provide ; or, if the Issuer is not required to the Indenture file information, documents or reports pursuant to either of said Sections, then it will file with such Senior Trustee and file with the SECCommission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(2) file with the Senior Trustee for the Securities of such series and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents documents, and reports with respect to compliance by the Issuer Issuer, with the conditions and covenants of this Senior Indenture as may be required from time to time by such rules and regulations; and
(iii3) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described of Securities of each series, as provided in TIA § Section 313(c))) of the Trust Indenture Act, within 30 days after the filing thereof with the Senior Trustee for the Securities of such, series, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses paragraphs (i1) and (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be Commission; provided by Section 313(c) of that the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery delivery of such reports, information and documents to the Indenture Senior Trustee is for informational purposes only and the Indenture Senior Trustee’s receipt of such shall not constitute actual notice, constructive or constructive notice or knowledge otherwise, of any information contained therein or determinable from information contained thereintherefrom, including the Issuer’s compliance with any of its covenants hereunder or under any Securities (as to which the Indenture Senior Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates).
Appears in 3 contracts
Samples: Senior Indenture (Prudential Funding (Asia) PLC), Senior Indenture, Senior Indenture
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor Sponsor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor Sponsor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described in TIA § Section 313(c)) of the Trust Indenture Act), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) . Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
(b) Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year.
Appears in 3 contracts
Samples: Indenture (WEPCo Environmental Trust Finance I, LLC), Indenture (WEPCo Environmental Trust Finance I, LLC), Indenture (WEPCo Environmental Trust Finance I, LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor Sponsor is required to file such documents with the SEC, provide to the Indenture TrusteeTrustee and the Commission, within fifteen (15) 15 days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor Sponsor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and the Commission and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described in TIA § Section 313(c))) of the Trust Indenture Act) and the Commission, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(cb) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer year and will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 3 contracts
Samples: Indenture (Duke Energy Florida, Llc.), Indenture (Duke Energy Florida, Llc.), Indenture (Duke Energy Florida, Llc.)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor CEI South is required to file such documents with the SEC, provide to the Indenture TrusteeTrustee and the Indiana Commission, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor CEI South may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and the Indiana Commission and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply provide to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § Section 313(c))) of the Trust Indenture Act) and the Indiana Commission, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format, and the Issuer shall be deemed to have provided such materials to the Indenture Trustee and the Indiana Commission if such materials are available on the SEC’s XXXXX website (or any successor SEC website).
(cb) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case and the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(dc) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 3 contracts
Samples: Indenture (SIGECO Securitization I, LLC), Indenture (SIGECO Securitization I, LLC), Indenture (SIGECO Securitization I, LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor Sponsor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor Sponsor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described in TIA § Section 313(c)) of the Trust Indenture Act), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) . Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only only, and the Indenture Trustee’s receipt of such reports, information and documents shall not constitute constructive or actual knowledge or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
(b) Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year.
Appears in 3 contracts
Samples: Indenture (Consumers 2023 Securitization Funding LLC), Indenture (Consumers 2023 Securitization Funding LLC), Indenture (Consumers 2023 Securitization Funding LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described in TIA § 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) . Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
(b) Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year.
Appears in 3 contracts
Samples: Indenture (AEP Texas Restoration Funding LLC), Indenture (AEP Texas Restoration Funding LLC), Indenture (AEP Texas Restoration Funding LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor Sponsor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file files the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor Sponsor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply provide to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § Section 313(c)) of the Trust Indenture Act), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic formatformat and the Issuer shall be deemed to have provided such materials to the Indenture Trustee if such materials are available on the SEC’s XXXXX website (or any successor SEC website).
(cb) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case year and the Issuer will promptly notify in advance the Indenture Trustee regarding any change in fiscal year.
(dc) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 3 contracts
Samples: Indenture (Virginia Power Fuel Securitization, LLC), Indenture (Virginia Power Fuel Securitization, LLC), Indenture (Virginia Power Fuel Securitization, LLC)
Reports by Issuer. (a) The Issuer shallwill:
(i1) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to Subordinated Trustee for the Indenture TrusteeSecurities of such series, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act;
(ii) provide ; or, if the Issuer is not required to the Indenture file information, documents or reports pursuant to either of said Sections, then it will file with such Subordinated Trustee and file with the SECCommission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(2) file with the Subordinated Trustee for the Securities of such series and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents documents, and reports with respect to compliance by the Issuer Issuer, with the conditions and covenants of this Subordinated Indenture as may be required from time to time by such rules and regulations; and
(iii3) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described of Securities of each series, as provided in TIA § Section 313(c))) of the Trust Indenture Act, within 30 days after the filing thereof with the Subordinated Trustee for the Securities of such, series, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses paragraphs (i1) and (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be Commission; provided by Section 313(c) of that the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery delivery of such reports, information and documents to the Indenture Subordinated Trustee is for informational purposes only and the Indenture Subordinated Trustee’s receipt of such shall not constitute actual notice, constructive or constructive notice or knowledge otherwise, of any information contained therein or determinable from information contained thereintherefrom, including the Issuer’s compliance with any of its covenants hereunder or under any Securities (as to which the Indenture Subordinated Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates).
Appears in 3 contracts
Samples: Subordinated Indenture (Prudential Funding (Asia) PLC), Subordinated Indenture, Subordinated Indenture (Prudential PLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described in TIA § 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 3 contracts
Samples: Indenture (SCE Recovery Funding LLC), Indenture (SCE Recovery Funding LLC), Indenture (SCE Recovery Funding LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture TrusteeTrustee and the Kansas Commission, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and the Kansas Commission and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply provide to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § Section 313(c))) of the Trust Indenture Act) and the Kansas Commission, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format, and the Issuer shall be deemed to have provided such materials to the Indenture Trustee and the Kansas Commission if such materials are available on the SEC’s XXXXX website (or any successor SEC website).
(cb) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 September 30 of each year, unless the Issuer otherwise determines, in which case and the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(dc) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 3 contracts
Samples: Indenture (Atmos Energy Kansas Securitization I, LLC), Indenture (Atmos Energy Kansas Securitization I, LLC), Indenture (Atmos Energy Kansas Securitization I, LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor Sponsor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor Sponsor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and Trustee, file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described in TIA § 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of Unless the Trust Indenture ActIssuer otherwise determines, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(dc) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 3 contracts
Samples: Indenture (Entergy Texas, Inc.), Indenture (Entergy Texas, Inc.), Indenture (Entergy Texas, Inc.)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act or, if the Issuer is not required to file with the Commission information, documents or reports pursuant to either Section 13 or Section 15(d) of the Securities Exchange Act, then the Issuer will file with the Indenture Trustee and with the Commission, in accordance with rules and regulations prescribed by the Commission, such of the supplementary and period information, documents and reports required pursuant to the Securities Exchange Act as may be prescribed in such rules and regulations;
(ii) provide to the Indenture Trustee and file with the SECCommission, in accordance with the rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time (with a copy of any such filings being delivered promptly to time by such rules the Indenture Trustee); and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders Noteholders described in TIA § 313(c)), ) such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required by the rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of Commission. Unless the Trust Indenture ActIssuer otherwise determines, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 3 contracts
Samples: Indenture (Cef Equipment Holding LLC), Indenture (Cef Equipment Holding LLC), Indenture (Cef Equipment Holding LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor Sponsor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor Sponsor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit deliver to all Holders described in TIA § Section 313(c)) of the Trust Indenture Act), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) . Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
(b) Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year and the Issuer will promptly notify the Indenture Trustee regarding any change in the fiscal year.
Appears in 2 contracts
Samples: Indenture (PSNH Funding LLC 3), Indenture (PSNH Funding LLC 3)
Reports by Issuer. (a) The Whether or not required by the rules and regulations of the Commission, so long as any Securities are Outstanding, the Issuer shallwill furnish to the Trustee:
(i1) so long as all quarterly and annual reports that would be required to be filed with the Commission on Forms 10-Q and 10-K if the Issuer or the Depositor is were required to file such documents reports; and
(2) all current reports that would be required to be filed with the SECCommission on Form 8-K if the Issuer were required to file such reports, provide to the Indenture Trustee, in each case within fifteen (15) days after the Issuer is required to file the same files such reports with the SEC, copies of the annual reports and of the information, documents and other reports (Commission or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may would be required to file such reports with the SEC Commission pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with applicable rules and regulations prescribed from of the Commission, whichever is earlier. Reports, information and documents filed with the Commission via the Commission’s Electronic Data Gathering, Analysis and Retrieval system (“XXXXX”) will be deemed to be delivered to the Trustee as of the time of such filing via XXXXX for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to time by the SEC determine whether or not such additional information, documents and or reports with respect to compliance by have been filed via XXXXX. If, notwithstanding the Issuer with foregoing, the conditions and covenants of this Indenture as may be Commission will not accept the required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § 313(c)), such summaries of filings through XXXXX for any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Actreason, the Issuer may fulfill make the reports referred to in clauses (1) and (2) above available on its website within fifteen (15) days after the Issuer would be required to file such reports with the Commission, and such reports will be deemed to be delivered to the Trustee as of the time they are made available. All such reports will be prepared in all material respects in accordance with all of the rules and regulations applicable to such reports. Each annual report on Form 10-K will include a report on the Issuer’s consolidated financial statements by its independent registered public accounting firm, unless otherwise permitted by the Commission. Notwithstanding the foregoing, if permitted by the Commission, the Issuer may satisfy its obligation to provide furnish the materials reports described in this Section 7.03(a) above by providing furnishing such materials in electronic formatreports filed by the Guarantor.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 2 contracts
Samples: Indenture (Piedmont Office Realty Trust, Inc.), Indenture (Piedmont Operating Partnership, LP)
Reports by Issuer. (a) The Issuer shallwill:
(i1) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to Subordinated Trustee for the Indenture TrusteeSecurities of such series, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act;
(ii) provide ; or, if the Issuer is not required to the Indenture file information, documents or reports pursuant to either of said Sections, then it will file with such Subordinated Trustee and file with the SECCommission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(2) file with the Subordinated Trustee for the Securities of such series and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents documents, and reports with respect to compliance by the Issuer with the conditions and covenants of this Subordinated Indenture as may be required from time to time by such rules and regulations; and
(iii3) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described of Securities of each series, as provided in TIA § Section 313(c))) of the Trust Indenture Act, within 30 days after the filing thereof with the Subordinated Trustee for the Securities of such series, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses paragraphs (i1) and (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Commission. Delivery of such reports, information and documents to the Indenture Subordinated Trustee is for informational purposes only and the Indenture Subordinated Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Subordinated Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates).
Appears in 2 contracts
Samples: Subordinated Indenture (Prudential PLC), Subordinated Indenture (Prudential PLC)
Reports by Issuer. (a) The Issuer shall:
(ia) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act;
(ii) provide ; or, if the Issuer is not required to file information, documents or reports pursuant to either of said Sections, then it shall file with the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(b) file with the Trustee and the SEC, in accordance with rules and regulations prescribed from time to time by the SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and;
(iiic) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described Holders, as their names and addresses appear in TIA § 313(c))the Security Register, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses subsections (ia) and (iib) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.; and
(bd) Except as may be provided by Section 313(c) of furnish to the Trust Indenture ActTrustee, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 or before May 1 of each year, unless a brief certificate from the Issuer otherwise determinesprincipal executive officer, in which case principal financial officer or principal accounting officer as to his or her knowledge of the Issuer will promptly notify the Indenture Trustee regarding Issuer's compliance with all conditions and covenants under this Indenture. For purposes of this paragraph, such compliance shall be determined without regard to any change in fiscal year.
(d) Delivery period of such reports, information and documents grace or requirement of notice provided under this Indenture. Such certificate need not comply with Section 1.04. Notwithstanding anything to the Indenture contrary herein, the Trustee is shall have no duty to review information provided pursuant to subsection (a) of this Section 7.04 for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s determining compliance with any provisions of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates)this Indenture.
Appears in 2 contracts
Samples: Subordinated Debt Indenture (Caprock Communications Corp), Senior Debt Indenture (Caprock Communications Corp)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor Sponsor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor Sponsor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described in TIA § Section 313(c)) of the Trust Indenture Act), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) . Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only only, and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
(b) Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year.
Appears in 2 contracts
Samples: Indenture (WEPCo Environmental Trust Finance I, LLC), Indenture (WEPCo Environmental Trust Finance I, LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 2 contracts
Samples: Indenture (PG&E Recovery Funding LLC), Indenture (PG&E Recovery Funding LLC)
Reports by Issuer. The Issuer will, pursuant to TIA Section 314(a):
(a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act;
(ii) provide ; or, if the Issuer is not required to the Indenture Trustee and file information, documents or reports pursuant to either of said Sections, then it shall file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(b) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iiic) supply transmit by mail to the Indenture Trustee (Holders of Securities, within 30 days after the filing thereof with the Trustee, in the manner and to the Indenture Trustee shall transmit to all Holders described extent provided in TIA § Section 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses Section 1010 and paragraphs (ia) and (iib) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Commission. Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s 's receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s 's compliance with any of its the covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates)hereunder.
Appears in 2 contracts
Samples: Indenture (Rait Investment Trust), Indenture (Rait Investment Trust)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor SWEPCO is required to file such documents with the SEC, provide to the Indenture TrusteeTrustee and the Louisiana Commission, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor SWEPCO may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and the Louisiana Commission and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § Section 313(c))) of the Trust Indenture Act) and the Louisiana Commission, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format, and the Issuer shall be deemed to have provided such materials to the Indenture Trustee if such materials are available on the SEC’s XXXXX website (or any successor SEC website).
(cb) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case and the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(dc) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 2 contracts
Samples: Indenture (SWEPCO Storm Recovery Funding LLC), Indenture (SWEPCO Storm Recovery Funding LLC)
Reports by Issuer. (a) The Issuer shallSo long as any Securities are Outstanding, the General Partner will:
(i1) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer General Partner is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor General Partner may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or if the General Partner is not required to file information, documents or reports pursuant to those Sections, then the General Partner will file with the Trustee, such of the supplementary and periodic information, documents and reports which Section 13 of the Exchange Act may require with respect to a security listed and registered on a national securities exchange;
(ii2) provide to the Indenture Trustee and file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Issuer General Partner with the conditions and covenants of this the Indenture as may be required from time to time by such rules and regulations; and
(iii3) supply transmit by mail to the Indenture Trustee (Holders of Notes, within 30 days after the filing thereof with the Trustee, in the manner and to the Indenture Trustee shall transmit to all Holders described extent provided in TIA § Section 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer General Partner pursuant to clauses paragraph (i1) and or (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
Commission. Reports, information and documents filed with the Commission via the Commission’s Electronic Data Gathering, Analysis and Retrieval system (b“XXXXX”) Except will be deemed to be delivered to the Trustee as may be provided by Section 313(c) of the Trust Indenture Acttime of such filing via XXXXX for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed via XXXXX. If, notwithstanding the foregoing, the Commission will not accept the required filings through XXXXX for any reason, the Issuer may fulfill make the reports referred to in clauses (1) and (2) above available on its website within fifteen (15) days after the Issuer would be required to file such reports with the Commission, and such reports will be deemed to be delivered to the Trustee as of the time they are made available. Notwithstanding the foregoing, if permitted by the Commission, the Issuer may satisfy its obligation to provide furnish the materials reports described in this Section 7.03(a) above by providing furnishing such materials in electronic formatreports filed by the Guarantor.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 2 contracts
Samples: Indenture (Columbia Property Trust, Inc.), Indenture (Columbia Property Trust Operating Partnership, L.P.)
Reports by Issuer. The Issuer will:
(a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) ), if any, which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act;
(iib) provide to file with the Indenture Trustee and file with the SECCommission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports reports, if any, with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and;
(iiic) supply transmit by mail to the Indenture Trustee (and Registered Owners of Notes, within 30 days after the filing thereof with the Indenture Trustee shall transmit Trustee, in the manner and to all Holders described the extent provided in TIA § Section 313(c))) of the Trust Indenture Act, such summaries of any information, documents and reports required to be filed by the Issuer Issuer, if any, pursuant to clauses (ia) and (iib) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.Commission; and
(d) the Indenture Trustee shall mail to each Registered Owner, within 60 days after each December 31 beginning with the December 31 following the date of this Indenture, a brief report as of such December 31 that complies with Section 313(a) of the Trust Indenture Act if required by said section. The Indenture Trustee shall also comply with Section 313(b) of the Trust Indenture Act. A copy of each such report, when and if required pursuant to Section 313(a) or (b) Except as may be provided by Section 313(c) of the Trust Indenture Act, shall, at the Issuer may fulfill its obligation time of such transaction to provide the materials described in this Section 7.03(a) Registered Owners, be filed by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reportswith the Commission and with each securities exchange, information and documents to if any, upon which the Series 2004-2 Notes are listed, provided that the Issuer has previously notified the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the listing. The Indenture Trustee is entitled may conclusively rely and accept such reports from the Issuer as fulfilling the requirements of this Section, with no further duty to rely exclusively on Officer’s Certificates)know, determine or examine such reports or comply with the prescribed timing, rules and regulations of the Commission.
Appears in 2 contracts
Samples: Indenture of Trust (Nelnet Inc), Indenture of Trust (Nelnet Education Loan Funding Inc)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s 's receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s 's compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 2 contracts
Samples: Indenture (Ameren Missouri Securitization Funding I, LLC), Indenture (Ameren Missouri Securitization Funding I, LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor Sponsor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor Sponsor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described in TIA § Section 313(c)) of the Trust Indenture Act), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) . Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only only, and the Indenture Trustee’s receipt of such shall not constitute constructive or actual knowledge or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
(b) Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year.
Appears in 2 contracts
Samples: Indenture (DTE Electric Securitization Funding I LLC), Indenture (DTE Electric Securitization Funding I LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act or, if the Issuer is not required to file with the Commission information, documents or reports pursuant to either Section 13 or Section 15(d) of the Securities Exchange Act, then the Issuer will file with the Indenture Trustee and with the Commission, in accordance with rules and regulations prescribed by the Commission, such of the supplementary and period information, documents and reports required pursuant to the Securities Exchange Act as may be prescribed in such rules and regulations;
(ii) provide to the Indenture Trustee and file with the SECCommission, in accordance with the rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time (with a copy of any such filings being delivered promptly to time by such rules the Indenture Trustee); and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders Noteholders described in TIA § 313(c)), ) such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required by the rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of Commission. Unless the Trust Indenture ActIssuer otherwise determines, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year. For the avoidance of doubt, unless the Issuer otherwise determinesdelivery of any information, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information documents and documents reports to the Indenture Trustee pursuant to clauses (i) and (ii) of this Section 7.3 is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to conclusively rely exclusively on an Officer’s CertificatesCertificate).
Appears in 2 contracts
Samples: Indenture (GE Equipment Transportation LLC, Series 2011-1), Indenture (GE Equipment Transportation LLC, Series 2011-1)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor Cleco Power is required to file such documents with the SEC, provide to the Indenture TrusteeTrustee and the Louisiana Commission, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor Cleco Power may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange ActSEC;
(ii) provide to the Indenture Trustee and the Louisiana Commission and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC SEC, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § Section 313(c))) of the Trust Indenture Act) and the Louisiana Commission, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (iSection 7.03(a)(i) and (ii) of this Section 7.03(a7.03(a)(ii) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) . Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.. 57
(cb) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer year and will promptly notify the Indenture Trustee regarding any change in fiscal year.
(dc) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 1 contract
Samples: Indenture (Cleco Power LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long prepare or cause to be prepared the initial current reports on Form 8-K to be filed prior to the first Payment Date and thereafter the Indenture Trustee will prepare or cause to be prepared Form 10-Ks and form 10-Qs (if necessary), or monthly current reports on Form 8-K, on behalf of the Trust, as may be required by applicable law, for filing with the Securities and Exchange Commission (the "SEC"). The Owner Trustee will sign each such report on behalf of the Trust. The Indenture Trustee will forward a copy of such report to the Issuer or the Depositor is required to file promptly after such documents report has been filed with the SEC. The Indenture Trustee agrees to use its best efforts to seek to terminate such filing obligation after the period during which such filings are required under the Exchange Act. Promptly after filing a Form 15 or other applicable form with the SEC in connection with such termination, provide the Indenture Trustee shall deliver to the Issuer a copy of such form together with copies of confirmations of receipt by the SEC of each report filed therewith on behalf of the Trust.
(ii) file with the Indenture Trustee, within fifteen (15) days after and the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, Commission in accordance with rules and regulations prescribed from time to time by the SEC Commission such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders Noteholders described in TIA § ss. 313(c)), ) such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required and by rules and regulations prescribed from time to time by the SECCommission.
(b) Except as may be provided by Section 313(c) of Unless the Trust Indenture ActIssuer otherwise determines, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 1 contract
Reports by Issuer. (a) Within 15 days after each Payment Date, the Indenture Trustee shall file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto, provided, however, that no such filing shall be required subsequent to the filing of a Form 15 Suspension Notification. Prior to January 31, 2006 the Indenture Trustee shall prepare a Form 15 Suspension Notification with respect to the Trust Estate. Prior to March 31, 2006, the Indenture Trustee shall file a Form 10-K, in substance conforming to industry standards, with respect to the Trust Estate. The Master Servicer shall execute the Form 10-K after reviewing a satisfactory document and the Indenture Trustee shall file the Form 10-K. The Issuer shall:
hereby grants to each of the Master Servicer and the Indenture Trustee a limited power of attorney to execute and file each such document on behalf of the Issuer. Such power of attorney shall continue until either the earlier of (i) so long as receipt by the Indenture Trustee from the Issuer or of written termination of such power of attorney and (ii) the Depositor is required termination of the Issuer. The Issuer agrees to file such documents with the SEC, provide promptly furnish to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules upon request, such further information, reports, and regulations prescribe) which financial statements within its control related to this Indenture and the Issuer or the Depositor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to Mortgage Loans as the Indenture Trustee reasonably deems appropriate to prepare and file all necessary reports with the SEC, Commission. The Indenture Trustee shall have no responsibility to file any item other that those specified in accordance with rules and regulations prescribed from time to time by the SEC such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; andsection.
(iiib) The Issuer shall supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders Noteholders described in TIA § §313(c)), ) such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required paragraph and by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic formatCommission.
(c) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reportsIn order to comply with their obligations in clause (a) above, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt Master Servicer shall deliver the documents referred to in Section 3.16 of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained the Sale and Servicing Agreement to each other within the time periods specified therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 1 contract
Reports by Issuer. (a) The Issuer shall:
(i) so So long as any of the Securities remain outstanding, the Issuer or the Depositor is required to file such documents shall (1) within 15 days of filing with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to Commission file the same with the SEC, Trustee for each series of Securities copies of the all annual reports, quarterly reports and of the information, other documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be is required to file with the SEC Commission pursuant to Section 13(a) or 15(d) of the Exchange Act. If the Issuer is not subject to the requirements of such Section 13(a) or 15(d), the Issuer shall nevertheless continue to (1) file such reports and other documents with the Commission (unless the Commission will not accept such filings) on or prior to the respective dates (the “Required Filing Dates”) by which the Issuer would have been required so to file such documents if it were so subject, (2) within 15 days of the Required Filing Dates, (A) transmit by mail to all Holders, as their names and addresses appear in the Security Register, without cost to such Holders and (B) file with the Trustee for each series of Securities copies of such reports and other documents and (3) promptly upon written request and payment of the reasonable cost of duplication and delivery, supply copies of such reports and other documents to any prospective Holder. The Issuer shall also file with the Trustee for each series of Securities and the Commission, and transmit to Holders, such information, documents and other reports, and such summaries thereof, as may be required pursuant to the Trust Indenture Act at the times and in the manner provided pursuant to such Act; provided that any such information, documents or reports required to be filed with the Commission pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file Act shall be filed with the SEC, in accordance with rules and regulations prescribed from time to time by Trustee within 15 days after the SEC such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § 313(c)), such summaries of any information, documents and reports same is so required to be filed by with the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Commission. Delivery of such reports, information and documents to the Indenture Trustee is shall be for informational information purposes only and the Indenture Trustee’s receipt of such shall not not, in the absence of gross negligence, bad faith or willful misconduct on its part, constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the IssuerCompany’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates).
Appears in 1 contract
Samples: Indenture (Acadia Realty Trust)
Reports by Issuer. (a) The Issuer shallwill:
(i1) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act;
(ii) provide ; or, if the Issuer is not required to the Indenture Trustee and file information, documents or reports pursuant to either of such Sections, then it will file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations (it being understood, in the case of each of the foregoing, that any information, documents and other reports filed or furnished on the Electronic Data Gathering, Analysis and Retrieval system (“EXXXX”) or such other system of the Commission or the website of the Issuer will be deemed to be furnished to the Trustee once such information, documents and other reports are so filed on EXXXX or the Commission’s website or the website of the Issuer);
(2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii3) supply transmit by mail to the Indenture Trustee (Holders of Securities, within 30 days after the filing thereof with the Trustee, in the manner and to the Indenture Trustee shall transmit to all Holders described extent provided in TIA § Section 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses paragraphs (i1) and (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Commission. Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates).
Appears in 1 contract
Samples: Indenture (Kimco Realty OP, LLC)
Reports by Issuer. (a) The Issuer shall:
(i1) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide ; or, if the Issuer is not required to file information, documents or reports pursuant to either of said sections, then it shall file with the Indenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(2) file with the SEC, Indenture Trustee and the Commission in accordance with rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and;
(iii3) supply transmit or deliver to the Indenture Trustee (and the Indenture Trustee shall Trustee, who shall, in turn, transmit by mail to all Holders Bondholders described in TIA § ss. 313(c))) and the applicable Rating Agencies, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i1) and (ii2) of this Section 7.03(a7.04(a) as may be required by rules and regulations prescribed from time to time by the SECCommission; and
(4) furnish to the Indenture Trustee not less often than annually, a certificate from the principal executive officer, principal financial officer or principal accounting officer of the Issuer as to such officer's knowledge of the Issuer's compliance with all conditions and covenants of this Indenture which compliance shall be determined without regard to any period of grace or requirement of notice provided hereunder.
(b) Except as may be provided Unless and until changed by Section 313(c) of notice in writing from the Trust Issuer to the Indenture ActTrustee, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 1 contract
Reports by Issuer. (a) The So long as any Securities are Outstanding, the Issuer shalland the General Partner will:
(i1) so long as file with the Trustee, within 15 days after the Issuer or the Depositor is required to file such documents with General Partner, as the SECcase may be, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor it may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or if it is not required to file information, documents or reports pursuant to those Sections, then it will file with the Trustee, such of the supplementary and periodic information, documents and reports which Section 13 of the Exchange Act may require with respect to a security listed and registered on a national securities exchange;
(ii2) provide to the Indenture Trustee and file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Issuer it with the conditions and covenants of this the Indenture as may be required from time to time by such rules and regulations; and
(iii3) supply transmit by mail to the Indenture Trustee (Holders of Notes, within 30 days after the filing thereof with the Trustee, in the manner and to the Indenture Trustee shall transmit to all Holders described extent provided in TIA § Section 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer it pursuant to clauses paragraph (i1) and or (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reportsCommission. Reports, information and documents filed with the Commission via the Commission’s Electronic Data Gathering, Analysis and Retrieval system (“XXXXX”) will be deemed to be delivered to the Indenture Trustee is as of the time of such filing via XXXXX for informational purposes only of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed via XXXXX. If, notwithstanding the foregoing, the Commission will not accept the required filings through XXXXX for any reason, the Issuer and the Indenture Trustee’s receipt Guarantor may make the reports referred to in clauses (1) and (2) above available on its website within fifteen (15) days after it would be required to file such reports with the Commission, and such reports will be deemed to be delivered to the Trustee as of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates)time they are made available.
Appears in 1 contract
Samples: Indenture (Americold Realty Operating Partnership, L.P.)
Reports by Issuer. (a) The Issuer or the Manager on its behalf shall:
(ia) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Note Trustee, within fifteen (15) 15 days after the Issuer Issuer, the Securitisation Fund or the Manager is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer Issuer, the Securitisation Fund or the Depositor Manager may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act;
(iiAct of 1934, as amended, or, if the Issuer, the Securitisation Fund or the Manager is not required to file information, documents or reports with the Commission pursuant to Section 13 or 15(d) provide of the Securities Exchange Act of 1934, as amended, to the Indenture Trustee and file with the SECNote Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, in respect of a security listed on a national securities exchange as may be prescribed in such rules and regulations;
(b) file with the Note Trustee and the Commission in accordance with rules and regulations prescribed from time to time by the Commission such additional information, documents and reports with respect to compliance by the Issuer or the Manager on its behalf with the conditions and covenants of this Indenture deed as may be required from time to time by such rules and regulations; and
(iiic) supply to the Indenture Note Trustee (and the Indenture Note Trustee shall transmit by mail to all Holders Class A[ ] Noteholders described in TIA § Section 313(c)), ) of the TIA) such Note Trust Deed SMHL Global Fund [ ]-[ ] summaries of any information, documents and reports required to be filed by the Issuer Issuer, the Securitisation Fund or the Manager pursuant to clauses (i51.6(a) and (ii) of this Section 7.03(a51.6(b) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).Commission. -------------------------------------------------------------------------------- 52 TRUST INDENTURE ACT; MISCELLANEOUS
Appears in 1 contract
Reports by Issuer. (a) The Issuer shallwill:
(i1) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to Subordinated Trustee for the Indenture TrusteeSecurities of such series, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act;
(ii) provide ; or, if the Issuer is not required to the Indenture file information, documents or reports pursuant to either of said Sections, then it will file with such Subordinated Trustee and file with the SECCommission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(2) file with the Subordinated Trustee for the Securities of such series and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents documents, and reports with respect to compliance by the Issuer with the conditions and covenants of this Subordinated Indenture as may be required from time to time by such rules and regulations; and
(iii3) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described of Securities of each series, as provided in TIA § Section 313(c))) of the Trust Indenture Act, within 30 days after the filing thereof with the Subordinated Trustee for the Securities of such series, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses paragraphs (i1) and (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Commission. Delivery of such reports, information and documents to the Indenture Subordinated Trustee is for informational purposes only and the Indenture Subordinated Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Subordinated Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates).. ARTICLE EIGHT CONSOLIDATION, MERGER, CONVEYANCE OR TRANSFER
Appears in 1 contract
Reports by Issuer. (a) The If this Indenture is qualified under the TIA, the Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and copies of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to file with the Indenture Trustee and file with the SEC, Commission in accordance with rules and regulations prescribed from time to time by the SEC Commission such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a7.3(a) as may be required by rules and regulations prescribed from time to time by the SECCommission.
(b) Except The Indenture Trustee will mail as may be provided by described in TIA Section 313(c) (if so required under the provisions of the Trust TIA) or make available on its website to all Noteholders the information, documents and reports, or summaries thereof, supplied to the Indenture Act, the Issuer may fulfill its obligation Trustee pursuant to provide the materials described in this Section 7.03(a) by providing such materials in electronic format7.3(a).
(c) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reportsExcept as set forth in clause (b) above, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual have any duty or constructive notice obligation with respect to any reports or knowledge of any other information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as delivered to which the Indenture Trustee is entitled it pursuant to rely exclusively on Officer’s Certificates)this Section 7.3.
Appears in 1 contract
Reports by Issuer. (a) The Issuer shall:
(i1) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act;
(ii) provide Act of 1934; or, if the Issuer is not required to the Indenture Trustee and file information, documents or reports pursuant to either of said Sections, then it shall file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934 in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii3) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described Holders, as their names and addresses appear in TIA § 313(c))the Security Register, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses paragraphs (i1) and (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Commission. Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s or the Parent Guarantor’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates).
Appears in 1 contract
Reports by Issuer. (a) The Issuer shall:
(i1) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act;
(ii) provide Act of 1934; or, if the Issuer is not required to the Indenture Trustee and file information, documents or reports pursuant to either of said Sections, then it will file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act of 1934 in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(2) file with the Trustee and the Commission in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Standard Provisions Indenture as may be required from time to time by such rules and regulations; and;
(iii3) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders described of Bonds of a Series as their names and addresses appear in TIA § 313(c))the Bond Register for such Series of Bonds, and to each Rating Agency rating the Bonds of such Series, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i1) and (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.Commission; and
(b4) Except transmit by mail to all Holders of Bonds of a Series, as may be provided by Section 313(c) their names and addresses appear in the Bond Register for such Series of Bonds and to each Rating Agency rating the Trust Indenture ActBonds of such Series, within 120 days after the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The end of each fiscal year of the Issuer shall end on December 31 Issuer, (i) an audited balance sheet of each year, unless the Issuer otherwise determines, in which case as of the Issuer will promptly notify last day of the Indenture Trustee regarding any change in preceding fiscal year and (ii) a statement setting forth the remaining balance of the Bonds of such Series held by each Holder of Bonds of such Series on the last day of the preceding fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 1 contract
Samples: Indenture (CRSM Securities Inc)
Reports by Issuer. The Issuer will:
(a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide deliver to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file actually files the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934;
(iib) provide to the Indenture Trustee and file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and;
(iiic) supply transmit by mail to the Indenture Trustee (Holders of Notes, within 30 days after the filing thereof with the Trustee, in the manner and to the Indenture Trustee shall transmit to all Holders described extent provided in TIA § Section 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses paragraphs (ia) and (iib) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.Commission;
(d) until the Maturity Date, provide upon request the information required by Rule 144A(d)(4) to each Noteholder and to each beneficial owner and prospective purchaser of Notes and of any shares of Common Stock delivered upon exchange of the Notes, unless such information has been furnished to the Commission pursuant to Section 13 or 15(d) of the Exchange Act; and
(e) be deemed, for purposes of this Section 7.04, to have furnished or delivered reports to the Noteholders if (i) such reports are filed with the Commission via the XXXXX filing system and (ii) such reports are currently available. Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates).
Appears in 1 contract
Samples: Indenture (Sl Green Realty Corp)
Reports by Issuer. (a) The Issuer and any Guarantor, as the case may be, shall:
(ia) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer or any Guarantor, as the case may be, is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor any Guarantor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act;
; or, if the Issuer or any Guarantor, as the case may be, is not required to file information, documents or reports pursuant to either of said Sections, then it shall (i) deliver to the Trustee annual audited financial statements of the Company and its Subsidiaries, prepared on a Consolidated basis in conformity with GAAP, within 120 days after the end of each fiscal year of the Company, and (ii) provide to the Indenture Trustee and file with the SECTrustee and, to the extent permitted by law, the Commission, in accordance with the rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(b) file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer or any Guarantor, as the case may be, with the conditions and covenants of this Indenture as may be are required from time to time by such rules and regulationsregulations (including such information, documents and reports referred to in Trust Indenture Act Section 314(a)); and
(iiic) supply to within 15 days after the Indenture Trustee (and filing thereof with the Indenture Trustee shall Trustee, transmit by mail to all Holders described in TIA § the manner and to the extent provided in Trust Indenture Act Section 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer or any Guarantor, as the case may be, pursuant to clauses subsections (ia) and (iib) of this Section 7.03(a) as may be are required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Commission. Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s 's receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s 's compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).. ARTICLE EIGHT
Appears in 1 contract
Reports by Issuer. (aThe Issuer, pursuant to Section 314(a) The Issuer of the Trust Indenture Act, shall:
(i1) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act;
(ii) provide ; or, if the Issuer is not required to the Indenture Trustee and file information, documents or reports pursuant to either of said Sections, then it shall file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii3) supply transmit within 30 days after the filing thereof with the Trustee, in the manner and to the extent provided in Section 313(c) of the Trust Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § 313(c))Act, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses paragraphs (i1) and (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Commission. Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s 's receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s Company's compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).. ARTICLE EIGHT
Appears in 1 contract
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide ; or, if the Issuer is not required to the Indenture Trustee and file information, documents or reports pursuant to either of said sections, then it will file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a 91 101 security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(ii) file with the Trustee and the Commission in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and;
(iii) supply transmit by mail to all Bondholders as their names and addresses appear in the Bond Register, or in the list of Bondholders most recently provided to the Indenture Trustee (and by the Indenture Trustee shall transmit to all Holders described in TIA § 313(c))Issuer under Section 12.01 hereof, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i1) and (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SECCommission;
(iv) transmit by mail to all Holders of Bonds, as their names and addresses appear in the Bond Register, within 120 days after the end of each fiscal year of the Issuer commencing with the fiscal year ending [______], (i) an audited balance sheet of the Issuer as of the last day of the preceding fiscal year and (ii) a statement setting forth the aggregate Discounted Value of all Eligible Collateral securing the Bonds on the last day of the preceding fiscal year; and
(v) deliver or cause to be delivered to the Trustee, on or before [______] of each year, commencing with [_________], an Opinion of Counsel either stating that in the opinion of such counsel such action has been taken with respect to the recording, filing, re-recording and re-filing of this Indenture as is necessary to maintain the Lien of the Indenture, and reciting the details of such action, or stating that in the opinion of such counsel no action is necessary to maintain such lien until [__________] in the following year.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the . The Issuer otherwise determines, in which case the Issuer will shall promptly notify the Indenture Trustee regarding of any change in the Issuer's fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 1 contract
Reports by Issuer. (a) Within 15 days after each Payment Date, the Indenture Trustee shall file with the Commission via the Electronic Data Gathering and Retrieval System (EDGAR), a Form 8-K with a copy of the statement to the Noteholders fox xxxh Payment Date as an exhibit thereto. Prior to January 31, 200__ the Indenture Trustee shall prepare a Form 15 Suspension Notification with respect to the Trust Estate. Prior to March 31, 200__, the Indenture Trustee shall prepare and file a Form 10-K to be executed by the Master Servicer on behalf of the Issuer, in substance conforming to industry standards, with respect to the Trust Estate. The Master Servicer shall execute the Form 10-K after reviewing a satisfactory document and the Indenture Trustee shall file the Form 10-K. The Issuer shall:
hereby grants to each of the Master Servicer and the Indenture Trustee a limited power of attorney to file each such document on behalf of the Issuer. Such power of attorney shall continue until either the earlier of (i) so long as receipt by the Indenture Trustee from the Issuer or of written termination of such power of attorney and (ii) the Depositor is required termination of the Issuer. The Issuer agrees to file such documents with the SEC, provide promptly furnish to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules upon request, such further information, reports, and regulations prescribe) which financial statements within its control related to this Indenture and the Issuer or the Depositor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to Mortgage Loans as the Indenture Trustee reasonably deems appropriate to prepare and file all necessary reports with the SEC, Commission. The Indenture Trustee shall have no responsibility to file any item other that those specified in accordance with rules and regulations prescribed from time to time by the SEC such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; andsection.
(iiib) The Issuer shall supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders Noteholders described in TIA § 313(css.313(c)), ) such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required paragraph and by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic formatCommission.
(c) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reportsIn order to comply with their obligations in clause (a) above, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt Master Servicer shall deliver the documents referred to in Section 3.16 of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained the Sale and Servicing Agreement to each other within the time periods specified therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 1 contract
Samples: Indenture Agreement (Bear Stearns Asset Backed Securities I LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as unless filed on its behalf with the Issuer or Commission by the Depositor is required pursuant to the Trust Agreement, prepare and file such documents with the SECCommission in accordance with rules and regulation prescribed by the Commission, provide to and in any event file with the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) ), if any, which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide unless filed on its behalf by the Depositor with the Commission pursuant to the Indenture Trustee Trust Agreement, prepare and file with the SEC, Commission in accordance with rules and regulations regulation prescribed from time to time by the SEC Commission, and in any event file with the Indenture Trustee, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required by the Commission from time to time by such rules and regulationsregulations (including, without limitation, TIA Section 314(a)); and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders Noteholders described in TIA § Section 313(c)), in the manner and to the extent provide therein) such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a7.3(a) as may be required by rules and regulations prescribed from time to time by the SECCommission.
(b) Except as may be provided by Section 313(c) of Unless the Trust Indenture ActIssuer otherwise determines, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of end, each year, unless on the Issuer otherwise determines, date specified in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal yearSeries Trust Indenture.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 1 contract
Samples: Series Trust Indenture (Corporate Asset Backed Corp)
Reports by Issuer. (a) The Issuer shall:
(i1) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act;
(ii) provide ; or, if the Issuer is not required to the Indenture Trustee and file information, documents or reports pursuant to either of such Sections, then it shall file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(2) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii3) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described Holders, in the manner and to the extent provided in TIA § Section 313(c)), within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses paragraphs (i1) and (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Commission. Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s 's receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s 's compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s 's Certificates).
Appears in 1 contract
Samples: Indenture (Cedar Brakes I LLC)
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act;
(ii) provide Act or, if the Issuer is not required to the Indenture Trustee and file information, documents or reports pursuant to either of such Sections, then it shall file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(ii) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described Holders, in TIA § the manner and to the extent provided in Trust Indenture Act Section 313(c)), within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses paragraphs (i) and (ii) of clause (a) of this Section 7.03(a) 904 as may be required by rules and regulations prescribed from time to time by the SECCommission.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s 's receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s 's compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s 's Certificates). ARTICLE TEN SUPPLEMENTS AND AMENDMENTS TO INDENTURE AND SECURITY DOCUMENTS SECTION 1001. Without Vote of Holders. Without the vote or approval of any Holders, the Issuer, when authorized by or pursuant to a Management Committee's Consent, and the Trustee, at any time and from time to time, may amend or supplement this Indenture, any Security Documents or the Bonds, in form satisfactory to the Trustee, for any of the following purposes:
(a) to evidence the succession of another Person to the Issuer and the assumption by any such successor of the covenants of the Issuer contained herein and in the Bonds; or
(b) to add to the covenants of the Issuer for the benefit of the Holders or to surrender any right or power herein conferred upon the Issuer; or
(c) to add any additional Events of Default; or
(d) to secure the Bonds with additional collateral; or
(e) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee and to add to or change any of the provisions hereof as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one trustee; or
(f) to cure any ambiguity, to correct or supplement any provision hereof which may be inconsistent with any other provision in this Indenture provided, that such action shall not adversely affect the interests of the Holders in any material respect; or
(g) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of the Bonds; provided, that any such action does not adversely affect the interests of the Holders in any material respect.
Appears in 1 contract
Samples: Indenture (Cedar Brakes Ii LLC)
Reports by Issuer. (a) The Issuer shallSo long as any Securities are Outstanding, the General Partner will:
(i1) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer General Partner is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor General Partner may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or if the General Partner is not required to file information, documents or reports pursuant to those Sections, then the General Partner will file with the Trustee, such of the supplementary and periodic information, documents and reports which Section 13 of the Exchange Act may require with respect to a security listed and registered on a national securities exchange;
(ii2) provide to the Indenture Trustee and file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Issuer General Partner with the conditions and covenants of this the Indenture as may be required from time to time by such rules and regulations; and
(iii3) supply transmit by mail to the Indenture Trustee (Holders of Notes, within 30 days after the filing thereof with the Trustee, in the manner and to the Indenture Trustee shall transmit to all Holders described extent provided in TIA § Section 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer General Partner pursuant to clauses paragraph (i1) and or (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
Commission. Reports, information and documents filed with the Commission via the Commission’s Electronic Data Gathering, Analysis and Retrieval system (b“XXXXX”) Except will be deemed to be delivered to the Trustee as may be provided by Section 313(c) of the Trust Indenture Acttime of such filing via XXXXX for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed via XXXXX. If, notwithstanding the foregoing, the Commission will not accept the required filings through XXXXX for any reason, the Issuer may fulfill make the reports referred to in clauses (1) and (2) above available on its website within fifteen (15) days after the Issuer would be required to file such reports with the Commission, and such reports will be deemed to be delivered to the Trustee as of the time they are made available. Notwithstanding the foregoing, if permitted by the Commission, the Issuer may satisfy its obligation to provide furnish the materials reports described in this Section 7.03(a) above by providing furnishing such materials in electronic format.
(c) The fiscal year of reports filed by the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Guarantor. Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates). The Trustee shall have no liability or responsibility for the filing, timeliness or content of such reports.
Appears in 1 contract
Samples: Indenture (Cousins Properties LP)
Reports by Issuer. (a) The Issuer shall:
(i) so long as unless filed on its behalf with the Issuer or Commission by the Depositor is required pursuant to the Trust Agreement, prepare and file such documents with the SECCommission in accordance with rules and regulation prescribed by the Commission, provide to and in any event file with the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) ), if any, which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide unless filed on its behalf by the Depositor with the Commission pursuant to the Indenture Trustee Trust Agreement, prepare and file with the SEC, Commission in accordance with rules and regulations regulation prescribed from time to time by the SEC Commission, and in any event file with the Indenture Trustee, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required by the Commission from time to time by such rules and regulationsregulations (including, without limitation, TIA Section 314(a)); and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders Noteholders described in TIA § Section 313(c)), in the manner and to the extent provide therein) such summaries of any information, documents and reports required to be filed by the EXHIBIT 4.6 Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a7.3(a) as may be required by rules and regulations prescribed from time to time by the SECCommission.
(b) Except as may be provided by Section 313(c) of Unless the Trust Indenture ActIssuer otherwise determines, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of end, each year, unless on the Issuer otherwise determines, date specified in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal yearSeries Trust Indenture.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 1 contract
Samples: Series Trust Indenture (Corporate Asset Backed Corp)
Reports by Issuer. (a) The Indenture Trustee on behalf of the Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Exchange Act, including, without limitation, Forms 10-K, 10-D and 15, as set forth in Section 11.22 hereunder;
(ii) provide prepare and file Current Reports on Form 8-K (except for the initial Form 8-K) in respect of the Issuer at the expense of the Depositor, including the items set forth on Exhibit G; provided, that any responsible party shall have timely notified the Indenture Trustee of such item reportable on a Form 8-K and shall have delivered to the Indenture Trustee no later than three Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits required to be provided or filed with such Form 8-K in electronic or other such other format reasonably acceptable to the Indenture Trustee. To the extent that a Responsible Officer of the Indenture Trustee has actual knowledge of an event relating to Items 3.03, 6.02, or 6.04 of Form 8-K, the Indenture Trustee shall include information about such event on a Form 8-K. The Depositor shall sign each Report on Form 8-K. Other than set forth in the penultimate sentence in the immediately preceding paragraph, the Indenture Trustee shall not be responsible for determining what information is required to be filed on a Form 8-K in connection with the transactions contemplated by this Indenture or what events shall cause a Form 8-K to be required to be filed.
(iii) file with the SEC, Commission in accordance with the rules and regulations prescribed from time to time by the SEC Commission such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iiiiv) supply to the Indenture Trustee (and the Indenture Trustee shall upon Issuer Order transmit by mail to all Holders Noteholders described in TIA § Section 313(c)), ) such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a7.3(a) as may be required and by rules and regulations prescribed from time to time by the SECCommission.
(b) Except as may be provided by Section 313(c) of Unless the Trust Indenture ActIssuer otherwise determines, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 1 contract
Reports by Issuer. The Issuer will:
(a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide deliver to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file actually files the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934;
(iib) provide to the Indenture Trustee and file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and;
(iiic) supply transmit by mail to the Indenture Trustee (Holders of Notes, within 30 days after the filing thereof with the Trustee, in the manner and to the Indenture Trustee shall transmit to all Holders described extent provided in TIA § Section 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses paragraphs (ia) and (iib) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.Commission;
(d) until the Maturity Date, provide upon request the information required by Rule 144A(d)(4) to each Noteholder and to each beneficial owner and prospective purchaser of Notes and of any shares of Common Stock delivered upon exchange of the Notes, unless such information has been furnished to the Commission pursuant to Section 13 or 15(d) of the Exchange Act; and
(e) be deemed, for purposes of this Section 5.04, to have furnished or delivered reports to the Noteholders if (i) such reports are filed with the Commission via the XXXXX filing system and (ii) such reports are currently available. Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates).
Appears in 1 contract
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange Act;
(ii) provide Act or, if the Issuer is not required to the Indenture Trustee and file information, documents or reports pursuant to either of such Sections, then it shall file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Securities Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(ii) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described Holders, in TIA § the manner and to the extent provided in Trust Indenture Act Section 313(c)), within thirty (30) days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses paragraphs (i) and (ii) of clause (a) of this Section 7.03(a) 904 as may be required by rules and regulations prescribed from time to time by the SECCommission.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s 's receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s 's compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s 's Certificates).
Appears in 1 contract
Samples: Indenture (Calpine Corp)
Reports by Issuer. The Issuer will:
(a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide deliver to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file actually files the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934; documents that are filed with the Commission via the XXXXX system, or any successor system thereto, will be deemed filed with the Trustee as of the time such documents are filed via such system;
(iib) provide to the Indenture Trustee and file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and;
(iiic) supply transmit by mail to the Indenture Trustee (Holders of Notes, within 30 days after the filing thereof with the Trustee, in the manner and to the Indenture Trustee shall transmit to all Holders described extent provided in TIA § Section 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses paragraphs (ia) and (iib) of this Section 7.03(a) 6.04 as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.Commission;
(d) until the Maturity Date, provide upon request the information required by Rule 144A(d)(4) to each Noteholder and to each beneficial owner and prospective purchaser of Notes and of any shares of Common Stock delivered upon exchange of the Notes, unless such information has been furnished to the Commission pursuant to Section 13 or 15(d) of the Exchange Act; and
(e) be deemed, for purposes of this Section 6.04, to have furnished or delivered reports to the Noteholders if (i) such reports are filed with the Commission via the XXXXX filing system and (ii) such reports are currently available. Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates).
Appears in 1 contract
Reports by Issuer. (a) The So long as any Securities are Outstanding, the Issuer shalland the General Partner will:
(i1) so long as file with the Trustee, within 15 days after the Issuer or the Depositor is required to file such documents with General Partner, as the SECcase may be, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor it may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act;;
(ii2) provide to the Indenture Trustee and file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Issuer it with the conditions and covenants of this the Indenture as may be required from time to time by such rules and regulations; and
(iii3) supply transmit by mail to the Indenture Trustee (Holders of Securities, within 30 days after the filing thereof with the Trustee, in the manner and to the Indenture Trustee shall transmit to all Holders described extent provided in TIA § Section 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer it pursuant to clauses paragraph (i1) and or (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reportsCommission. Reports, information and documents filed with the Commission via the Commission’s Electronic Data Gathering, Analysis and Retrieval system (“XXXXX”) will be deemed to be delivered to the Indenture Trustee is as of the time of such filing via XXXXX for informational purposes only of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or not such information, documents or reports have been filed via XXXXX. If, notwithstanding the foregoing, the Commission will not accept the required filings through XXXXX for any reason, the Issuer and the Indenture Trustee’s receipt General Partner may make the reports referred to in clauses (1) and (2) above available on its website within fifteen (15) days after it would be required to file such reports with the Commission, and such reports will be deemed to be delivered to the Trustee as of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates)time they are made available.
Appears in 1 contract
Samples: Indenture (Nova Cold Logistics ULC)
Reports by Issuer. Upon qualification of this Indenture under the TIA, the Issuer will, pursuant to TIA Section 314(a):
(a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act;
(ii) provide ; or, if the Issuer is not required to the Indenture Trustee and file information, documents or reports pursuant to either of said Sections, then it shall file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations;
(b) file with the Trustee and the Commission, in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and;
(iiic) supply transmit by mail to the Indenture Trustee (Holders of Securities, within 30 days after the filing thereof with the Trustee, in the manner and to the Indenture Trustee shall transmit to all Holders described extent provided in TIA § Section 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses Section 1010 and paragraphs (ia) and (iib) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.Commission; and
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s 's receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s 's compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Officers' Certificates).
Appears in 1 contract
Samples: Indenture (Arden Realty LTD)
Reports by Issuer. (a) Within 15 days after each Payment Date, the Indenture Trustee shall file with the Commission via the Electronic Data Gathering and Retrieval System (XXXXX), a Form 8-K with a copy of the statement to the Noteholders for such Payment Date as an exhibit thereto; provided, however, that no such filing shall be required subsequent to the filing of a Form 15 Suspension Notification. Prior to January 31, 2005 the Indenture Trustee shall prepare a Form 15 Suspension Notification with respect to the Trust Estate. Prior to March 31, 2005, the Indenture Trustee shall file a Form 10-K, in substance conforming to industry standards, with respect to the Trust Estate. The Master Servicer shall execute the Form 10-K after reviewing a satisfactory document and the Indenture Trustee shall file the Form 10-K. The Issuer shall:
hereby grants to each of the Master Servicer and the Indenture Trustee a limited power of attorney to execute and file each such document on behalf of the Issuer. Such power of attorney shall continue until either the earlier of (i) so long as receipt by the Indenture Trustee from the Issuer or of written termination of such power of attorney and (ii) the Depositor is required termination of the Issuer. The Issuer agrees to file such documents with the SEC, provide promptly furnish to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules upon request, such further information, reports, and regulations prescribe) which financial statements within its control related to this Indenture and the Issuer or the Depositor may be required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to Mortgage Loans as the Indenture Trustee reasonably deems appropriate to prepare and file all necessary reports with the SEC, Commission. The Indenture Trustee shall have no responsibility to file any item other that those specified in accordance with rules and regulations prescribed from time to time by the SEC such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; andsection.
(iiib) The Issuer shall supply to the Indenture Trustee (and the Indenture Trustee shall transmit by mail to all Holders Noteholders described in TIA § §313(c)), ) such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required paragraph and by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic formatCommission.
(c) The Unless the Issuer otherwise determines, the fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reportsIn order to comply with their obligations in clause (a) above, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt Master Servicer shall deliver the documents referred to in Section 3.16 of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained the Sale and Servicing Agreement to each other within the time periods specified therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 1 contract
Reports by Issuer. (a) The Issuer shall:
(ia) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide deliver to the Indenture Trustee, within fifteen (15) 15 days after the Issuer Invesco Mortgage Capital is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor Invesco Mortgage Capital may be required to file with the SEC Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; documents that are filed with the Commission via the XXXXX system, or any successor system thereto, shall be deemed filed with the Trustee as of the time such documents are filed via such system;
(iib) provide to the Indenture Trustee and file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such additional information, documents and reports with respect to compliance by the Issuer Invesco Mortgage Capital with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and;
(iiic) supply transmit by mail to the Indenture Trustee (Holders of Notes, within 30 days after the filing thereof with the Trustee, in the manner and to the Indenture Trustee shall transmit to all Holders described extent provided in TIA § Section 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer Invesco Mortgage Capital pursuant to clauses (ia) and (iib) of this Section 7.03(a) 6.04 as may be required by rules and regulations prescribed from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.Commission;
(d) until the Maturity Date, provide upon request the information required by Rule 144A(d)(4) to each Noteholder and to each beneficial owner and prospective purchaser of Notes and of any shares of Common Stock delivered upon exchange of the Notes, unless such information has been furnished to the Commission pursuant to Section 13 or 15(d) of the Exchange Act; and
(e) be deemed, for purposes of this Section 6.04, to have furnished or delivered reports to the Noteholders if (i) such reports are filed with the Commission via the XXXXX filing system and (ii) such reports are currently available. Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s or Invesco Mortgage Capital’s compliance with any of its their covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Officers’ Certificates).
Appears in 1 contract
Reports by Issuer. (a) The Indenture Trustee on behalf of the Issuer shall:
(i) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which that the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Exchange Act;, including, without limitation, Forms 10-K, 10-D and 15, as set forth in Section 11.22 hereunder; 38 Indenture 2007-1
(ii) provide prepare and file Current Reports on Form 8-K (except for the initial Form 8-K) in respect of the Issuer at the expense of the Depositor, including the items set forth on Exhibit G; provided, that any responsible party shall have timely notified the Indenture Trustee of such item reportable on a Form 8-K and shall have delivered to the Indenture Trustee no later than three Business Days prior to the filing deadline for such Form 8-K, all information, data, and exhibits required to be provided or filed with such Form 8-K in electronic or other such other format reasonably acceptable to the Indenture Trustee. To the extent that a Responsible Officer of the Indenture Trustee has actual knowledge of an event relating to Items 3.03, 6.02, or 6.04 of Form 8-K, the Indenture Trustee shall include information about such event on a Form 8-K. The Depositor shall sign each Report on Form 8-K.
(iii) file with the SEC, Commission in accordance with the rules and regulations prescribed from time to time by the SEC Commission such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iiiiv) supply to the Indenture Trustee (and the Indenture Trustee shall upon Issuer Order transmit by mail to all Holders Noteholders described in TIA § Section 313(c)), ) such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a7.3(a) as may be required and by rules and regulations prescribed from time to time by the SECCommission.
(b) Except as may be provided by Section 313(c) of Unless the Trust Indenture ActIssuer otherwise determines, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
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Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required covenants and agrees to file such documents or cause to be filed with the SECTrustee and the Commission, provide and transmit to the Indenture TrusteeHolders, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the such information, documents and other reports (or copies of reports, and such portions of any of the foregoing summaries thereof, as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required pursuant to file the Trust Indenture Act at the times and in the manner provided pursuant to such Act; PROVIDED that any such information, documents or reports required to be filed with the SEC Commission pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide to the Indenture Trustee and file Act shall be filed with the SEC, in accordance with rules and regulations prescribed from time to time by Trustee within 15 days after the SEC such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § 313(c)), such summaries of any information, documents and reports same is so required to be filed by with the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SECCommission.
(b) Except as may The Issuer shall transmit, or cause to be provided by Section 313(c) transmitted, to the Holders of Securities within 30 days after the Trust Indenture filing thereof with the Commission its annual report prepared in accordance with Rule 14a-3 under the Exchange Act. If the Issuer is no longer required to file such a report with the Commission, the Issuer may fulfill its obligation shall transmit a report prepared in accordance with Rule 14a-3 under the Exchange Act to provide the materials described in this Section 7.03(a) by providing such materials in electronic formatHolders of Securities on or before May 31 of each year.
(c) The fiscal year of If the Issuer is not required to furnish annual or quarterly reports to its stockholders pursuant to the Exchange Act, the Issuer shall cause its financial statements, including any notes thereto and, with respect to annual reports, an auditors' report by an accounting firm of established national reputation to be so filed with the Trustee within 120 days after the end on December 31 of each yearof the fiscal years and within 60 days after the end of each of the first three quarters of each such fiscal year and, unless after the date such reports are so required to be filed with the Trustee, to be furnished to each Holder. The Issuer otherwise determines, in which case also shall provide the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery with such additional copies of such reportsreports as they may reasonably request, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of Trustee may provide said reports to any information contained therein or determinable from information contained thereinother Person. ARTICLE EIGHT CONSOLIDATION, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).MERGER, CONVEYANCE, TRANSFER OR LEASE
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Samples: Indenture (Bnccorp Inc)
Reports by Issuer. (a) The Issuer shall:
(i1) so long as the Issuer or the Depositor is required to file such documents with the SEC, provide to the Indenture Trustee, within fifteen (15) 15 days after the Issuer is required to file the same with the SECCommission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC Commission may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may be required to file with the SEC Commission pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide ; or, if the Issuer is not required to the Indenture Trustee and file information, documents or reports pursuant to either of said sections, then it will file with the SECTrustee and the Commission, in accordance with rules and regulations prescribed from time to time by the SEC Commission, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations; (2) file with the Trustee and the Commission in accordance with rules and regulations prescribed from time to time by the Commission, such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii3) supply transmit by mail to all Securityholders as their names and addresses appear in the Security Register, or in the list of Securityholders most recently provided to the Indenture Trustee (and by the Indenture Trustee shall transmit to all Holders described in TIA § 313(c))Issuer under Section 12.01 hereof, within 30 days after the filing thereof with the Trustee, such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i1) and (ii2) of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time by the SECCommission; (4) transmit by mail to all Holders of Securities, as their names and addresses appear in the Security Register, within 120 days after the end of each fiscal year of the Issuer commencing with the fiscal year ending December 31, 1997, (i) an audited balance sheet of the Issuer as of the last day of the preceding fiscal year and (ii) a statement setting forth the aggregate Discounted Value of all Eligible Collateral securing the Securities on the last day of the preceding fiscal year; and (5) deliver or cause to be delivered to the Trustee, on or before January 31 of each year, commencing with January 31, 1998, an Opinion of Counsel either stating that in the opinion of such counsel such action has been taken with respect to the recording, filing, re-recording and re-filing of this Indenture as is necessary to maintain the Lien of the Indenture, and reciting the details of such action, or stating that in the opinion of such counsel no action is necessary to maintain such lien until February 1 in the following year.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the . The Issuer otherwise determines, in which case the Issuer will shall promptly notify the Indenture Trustee regarding of any change in the Issuer's fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 1 contract
Samples: Indenture of Trust (Main Place Real Estate Investment Trust /Md/)
Reports by Issuer. (a) The Issuer Indenture Trustee shall:
(i) so long Within 15 days after each Payment Date, the Indenture Trustee shall file with the Commission via the Electronic Data Gathering and Retrieval System, a Form 8-K with a copy of the statement to Noteholders for such Payment Date as an exhibit thereto. Prior to January 30, 2003, the Indenture Trustee shall file a Form 15 Suspension Notification with respect to the Trust Estate, if applicable. Prior to March 30, 2003, the Indenture Trustee shall file a Form 10-K, in substance conforming to industry standards, with respect to the Trust Estate. The Issuer hereby grants to the Indenture Trustee a limited power of attorney to execute and file each such document on behalf of the Issuer. Such power of attorney shall continue until the earlier of (i) receipt by the Indenture Trustee from the Issuer of written termination of such power of attorney and (ii) the termination of the Trust Estate. At least three Business Days prior to filing any Form 8-K or Form 10-K pursuant to this Section 7.03, the Indenture Trustee shall deliver a copy of such Form 8-K or Form 10-K, as the case may be, to the Issuer or and the Depositor. The Depositor is required agrees to file such documents with the SEC, provide promptly furnish to the Indenture Trustee, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules upon request, such further information, reports and regulations prescribefinancial statements within its control related to this Indenture and the Mortgage Loans as the Indenture Trustee reasonably deems appropriate to prepare and file all necessary reports with the Commission.
(ii) which the Issuer or the Depositor may be required use its best efforts to file with the SEC pursuant to Section 13 or 15(d) of Depositor and the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, Commission in accordance with rules and regulations prescribed from time to time by the SEC Commission such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee Depositor (and the Indenture Trustee shall transmit by mail to all Holders Noteholders described in TIA § ss. 313(c)), ) such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required and by rules and regulations prescribed from time to time by the SECCommission.
(b) Except as may be provided by Section 313(c) of Unless the Trust Indenture ActIssuer otherwise determines, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the .
(c) The Issuer hereby agrees to furnish such information and otherwise determines, in which case the Issuer will promptly notify cooperate with the Indenture Trustee regarding any change as necessary for the Indenture Trustee to perform its duties as provided in fiscal yearthis Section 7.03.
(d) Delivery of such reports, information and documents to the The Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of may conclusively rely upon any information contained therein provided by the Servicer or determinable from information contained therein, including the Issuer’s compliance with any Depositor in its preparation of its covenants hereunder (as the foregoing reports pursuant to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates)this Section 7.03.
Appears in 1 contract
Samples: Indenture (C-Bass Mortgage Loan as-BCK Nt Sal Mort Ln Tr Ser 2001-Cb4)
Reports by Issuer. (a) The Whether or not required by the rules and regulations of the Commission, so long as any Notes are outstanding, the Issuer shallwill furnish to the Trustee:
(i1) so long as all quarterly and annual reports that would be required to be filed with the Commission on Forms 10-Q and 10-K if the Issuer or the Depositor is were required to file such documents reports; and
(2) all current reports that would be required to be filed with the SECCommission on Form 8-K if the Issuer were required to file such reports, provide to the Indenture Trustee, in each case within fifteen (15) days after the Issuer is required to file the same files such reports with the SEC, copies of the annual reports and of the information, documents and other reports (Commission or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Issuer or the Depositor may would be required to file such reports with the SEC Commission pursuant to Section 13 the applicable rules and regulations of the Commission, whichever is earlier. Reports, information and documents filed with the Commission via the Commission’s Electronic Data Gathering, Analysis and Retrieval system (“XXXXX”) will be deemed to be delivered to the Trustee as of the time of such filing via XXXXX for purposes of this covenant; provided, however, that the Trustee shall have no obligation whatsoever to determine whether or 15(dnot such information, documents or reports have been filed via XXXXX. If, notwithstanding the foregoing, the Commission will not accept the required filings through XXXXX for any reason, the Issuer may make the reports referred to in clauses (1) and (2) above available on its website within fifteen (15) days after the Issuer would be required to file such reports with the Commission, and such reports will be deemed to be delivered to the Trustee as of the time they are made available. All such reports will be prepared in all material respects in accordance with all of the rules and regulations applicable to such reports. Each annual report on Form 10-K will include a report on the Issuer’s consolidated financial statements by its independent registered public accounting firm, unless otherwise permitted by the Commission. Notwithstanding the foregoing, (i) prior to the consummation of the Exchange Act;
(ii) provide to the Indenture Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time Offer contemplated by the SEC such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § 313(c)), such summaries of any information, documents and reports required to be filed by the Issuer pursuant to clauses (i) Registration Rights Agreement and (ii) after consummation of this Section 7.03(a) as may be required by rules and regulations prescribed from time to time the Exchange Offer, if permitted by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture ActCommission, the Issuer may fulfill satisfy its obligation to provide furnish the materials reports described in this Section 7.03(a) above by providing furnishing such materials in electronic formatreports filed by the Guarantor.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) Delivery of such reports, information and documents to the Indenture Trustee is for informational purposes only and the Indenture Trustee’s receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is entitled to rely exclusively on Officer’s Certificates).
Appears in 1 contract
Reports by Issuer. (a) The Issuer shall:
(i) so long as the Issuer or the Depositor is required to shall file such documents with the SECTrustees, provide the Commission and the ISA and transmit to the Indenture TrusteeHolders of Convertible Bonds, within fifteen (15) days after the Issuer is required to file the same with the SEC, copies of the annual reports and of the such information, documents and other reports (and such summaries thereof, as may be required pursuant to the Trust Indenture Act and/or the Securities Law at the times and in the manner provided pursuant to the Trust Indenture Act or copies the Securities Law, as applicable, whether or not the Convertible Bonds are governed by the Trust Indenture Act or Securities Law. These required filings with the Commission shall include any report by the Indenture Trustee furnished to the Issuer pursuant to Section 3.14. The Issuer shall transmit to the Trustees a copy of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) every filing which the Issuer is obligated to make with the Commission or the Depositor may be ISA, as well as all information, documents and other reports and such summaries thereof that the Issuer distributes to shareholders or Bondholders, provided that any such information, documents or reports required to file be filed with the SEC Commission pursuant to Section 13 or 15(d) of the Exchange Act;
(ii) provide Act and/or the ISA pursuant to the Indenture Trustee and file Securities Law shall be filed with the SEC, in accordance with rules and regulations prescribed from time to time by Trustees within fifteen (15) days after the SEC such additional information, documents and reports with respect to compliance by the Issuer with the conditions and covenants of this Indenture as may be required from time to time by such rules and regulations; and
(iii) supply to the Indenture Trustee (and the Indenture Trustee shall transmit to all Holders described in TIA § 313(c)), such summaries of any information, documents and reports same is so required to be filed with the Commission and/or the ISA. The Issuer shall deliver to the Trustees any additional information which may be reasonably requested by the Issuer pursuant to clauses (i) and (ii) of this Section 7.03(a) as may be required by rules and regulations prescribed Trustees from time to time by the SEC.
(b) Except as may be provided by Section 313(c) of the Trust Indenture Act, the Issuer may fulfill its obligation to provide the materials described in this Section 7.03(a) by providing such materials in electronic format.
(c) The fiscal year of the Issuer shall end on December 31 of each year, unless the Issuer otherwise determines, in which case the Issuer will promptly notify the Indenture Trustee regarding any change in fiscal year.
(d) time. Delivery of such reports, information and documents to the Indenture Trustee Trustees is for informational purposes only and the Indenture Trustee’s Trustees’ receipt of such shall not constitute actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Issuer’s compliance with any of its covenants hereunder (as to which the Indenture Trustee is Trustees are entitled to rely exclusively on Officer’s Certificatesan Officers’ Certificate).
Appears in 1 contract
Samples: Indenture (Topspin Medical Inc)