Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act. (b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations. (c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission. (d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 4 contracts
Samples: Indenture (Hamilton Capital Trust I), Indenture (New York Community Bancorp Inc), Indenture (Hamilton Capital Trust I)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which that the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sectionsSections, then to provide file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by the Debenture TrusteeCommission, such of the supplementary and periodic information, documents and reports which would have been that 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders the Debentureholders, in the manner and to the extent provided in Section 313(c) of Securities, as the names and addresses of such holders appear upon the Security RegisterTrust Indenture Act, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 6.3 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 4 contracts
Samples: Indenture (Metropolitan Financial Corp /Oh/), Indenture (Metropolitan Capital Trust I), Indenture (Crescent Capital Trust I)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, Trustee within 15 30 days after the date on which the Corporation is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the said Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide file with the Trustee and said Commission in accordance with rules and regulations prescribed from time to the Debenture Trusteetime by said Commission, such of the supplementary and periodic information, documents and reports which would have been may be required pursuant to Section section 13 of the Securities Exchange Act of 1934, as amended, 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. The Corporation also ; delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustees receipt of such shall not constitute constructive notice of any information contained there or determinable from information contained therein including the Corporation’s compliance with any of its covenants and agrees hereunder (as to comply with which the provisions of Section 314(a) of the Trust Indenture ActTrustee is entitled to rely exclusively on Officers Certificates.)
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained there or determinable from information contained therein, including the Corporation’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates.)
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Registerregistry books of the Corporation, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections subsection (a) and or (b) of this Section 4.03 6.03 as may be required by rules and regulations prescribed from time to time by the Securities and Exchange Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 3 contracts
Samples: Indenture (Baltimore Gas & Electric Co), Indenture (Baltimore Gas & Electric Co), Indenture (Baltimore Gas & Electric Co)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with provide to the Debenture Trustee, by hard copy or electronic transmission, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if . In the event that the Corporation is not required or permitted to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic informationreports, documents and reports which would have been required information with the Commission pursuant to the Exchange Act, the Corporation will nevertheless deliver a copy of such Exchange Act information to the Trustee and the holders of the Notes as if the Corporation were subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from within the time to time in such rules and regulationsperiods specified therein. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The To the extent applicable, the Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The To the extent applicable, the Corporation covenants and agrees to transmit by mail to all holders of SecuritiesNotes, as the names and addresses of such holders appear upon the Security Note Register, within 30 days after the filing or submission thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed provided by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission4.03.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's ’s compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' ’ Certificates).
(e) For purposes of this Section 4.03, the Corporation will be deemed to have furnished or delivered reports to the Trustee and the Noteholders if (i) such reports are filed with the Commission via the XXXXX filing system, (ii) such reports are currently available, and (iii) the Corporation electronically delivers to the Trustee a link to the XXXXX filing each time the Corporation files such a report.
(f) The Corporation shall comply with the provisions of Section 314(a)(1)(2) and (3) of the Trust Indenture Act.
Appears in 3 contracts
Samples: Indenture (Flushing Financial Corp), Indenture (Flushing Financial Corp), Indenture for Subordinated Notes (State Bancorp Inc)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
(e) So long as is required for an offer or sale of the Securities to qualify for an exemption under Rule 144A under the Securities Act, the Corporation shall, upon request, provide the information required by clause (d)(4) thereunder to each Securityholder and to each beneficial owner and prospective purchaser of Securities identified by each Securityholder of Restricted Securities, unless such information is furnished to the Commission pursuant to Section 13 or 15(d) of the Exchange Act.
Appears in 2 contracts
Samples: Indenture (Webster Capital Trust Ii), Indenture (Telebanc Capital Trust I)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of SecuritiesJunior Subordinated Debentures, as the names and addresses of such holders appear upon the Security Debenture Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
(e) So long as is required for an offer or sale of the Junior Subordinated Debentures to qualify for an exemption under Rule 144A under the Securities Act, the Corporation shall, upon request, provide the information required by clause (d)(4) thereunder to each Debentureholder and to each beneficial owner and prospective purchaser of Junior Subordinated Debentures identified by each Debentureholder of Restricted Junior Subordinated Debentures, unless such information is furnished to the Commission pursuant to Section 13 or 15(d) of the Exchange Act.
Appears in 2 contracts
Samples: Indenture (Mainstreet Bankgroup Inc), Indenture (Mainstreet Bankgroup Inc)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which that the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sectionsSections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such of the supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act.
(b) The Corporation covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from to time to time by the Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders the Debentureholders, in the manner and to the extent provided in Section 313(c) of Securities, as the names and addresses of such holders appear upon the Security RegisterTrust Indenture Act, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 6.3 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 2 contracts
Samples: Indenture (Southern Community Financial Corp), Indenture (Southern Community Financial Corp)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, Trustee within 15 days after the date on which the Corporation is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents documents, and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the said Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide file with the Trustee and said Commission, in accordance with the rules and regulations prescribed from time to the Debenture Trusteetime by said Commission, such of the supplementary and periodic information, documents and reports which would have been may be required pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Registerregistry books of the Corporation, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections subsection (a) and or (b) of this Section 4.03 6.03 as may be required by rules and regulations prescribed from time to time by the Securities and Exchange Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 2 contracts
Samples: Indenture (J P Morgan Chase & Co), Indenture (J P Morgan Chase & Co)
Reports by the Corporation. (a1) The Corporation covenants and agrees (i) to file with the Debenture TrusteeTrustee and deliver to the Debentureholders (in the manner and to the extent provided in this Section 11.3), within 15 days after the date on which the Corporation is required to file files the same with the CommissionSEC, copies of the annual reports reports, financial statements and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission the SEC may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission SEC pursuant to Section 13 13(a) or Section 15(d) of the U.S. Securities Exchange Act; orprovided, if the Corporation is not required however, that such reporting shall be deemed to file information, documents or reports pursuant to either of such sections, then to provide have been provided to the Debenture TrusteeTrustee and the Debentureholders once filed on the SEC’s Electronic Data Gathering, such of the supplementary Analysis and periodic information, documents Retrieval system (XXXXX) (or any successor thereto); and reports which would have been 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. The Corporation also covenants and agrees (ii) to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b2) The Corporation covenants and agrees to file with the Debenture Trustee Trustee, the Debentureholders and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by said Commissionrules and regulations, such additional information, documents documents, and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations. To the extent any such reports are filed with the SEC, then such reports will be deemed to have been filed with the Trustee and the Debentureholders.
(c3) The Any and all Events of Default arising solely from a failure to furnish in a timely manner any report required by this Section 11.3 shall be deemed cured (and the Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required shall be deemed to be filed by the Corporation pursuant to subsections (a) and (b) of in compliance with this Section 4.03 11.3) upon filing or posting such report as may be required contemplated by rules and regulations prescribed from time to time by the Commission.
this Section 11.3 (d) Delivery of such reports, information and documents but without regard to the Debenture Trustee date on which such report is for informational purposes only and the Debenture Trustee's receipt of so filed or posted); provided, that such cure shall not constitute constructive notice otherwise affect the rights of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates)Debentureholders under Article 8 hereof.
Appears in 2 contracts
Samples: Indenture (Canopy Growth Corp), Indenture (Canopy Growth Corp)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which that the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sectionsSections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such of the supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act.
(b) The Corporation covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from to time by the Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders the Debentureholders, in the manner and to the extent provided in Section 313(c) of Securities, as the names and addresses of such holders appear upon the Security RegisterTrust Indenture Act, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 6.3 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 2 contracts
Samples: Indenture (American Community Bancshares Inc), Indenture (Carolina Bank Holdings Inc)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
(e) So long as is required for an offer or sale of the Securities to qualify for an exemption under Rule 144A under the Securities Act, the Corporation shall, upon request, provide the information required by clause (d)(4) thereunder to each Securityholder and to each beneficial owner and prospective purchaser of Securities identified by each Securityholder of Restricted Securities, unless such information is furnished to the Commission pursuant to Section 13 or 15(d) of the Exchange Act.
Appears in 2 contracts
Samples: Indenture (Interwest Bancorp Inc), Indenture (BFD Preferred Capital Trust Ii)
Reports by the Corporation. The Corporation shall:
(a) The Corporation covenants and agrees furnish to file with the Debenture Trustee, within 15 30 days after the date on which the Corporation is required to file or furnish the same with or to the Commission, copies copies, which may be in electronic format, of the annual and quarterly reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with or furnish to the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.;
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations.;
(c) The notwithstanding that the Corporation covenants may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, or otherwise report on an annual and agrees quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Corporation shall provide the Trustee:
(1) within 140 days after the end of each fiscal year, the information required to be contained in annual reports on Form 20-F, Form 40-F or Form 10-K as applicable (or any successor form); and
(2) within 65 days after the end of each of the first three fiscal quarters of each fiscal year, the information required to be contained in reports on Form 6-K (or any successor form) which, regardless of applicable requirements, shall, at a minimum, contain such information required to be provided in quarterly reports under the laws of Canada or any province thereof to security holders of a company with securities listed on the Toronto Stock Exchange, whether or not the Corporation has any of its securities so listed. Such reports, to the extent permitted by the rules and regulations of the Commission, will be prepared in accordance with Canadian disclosure requirements and GAAP; provided, however, that the Corporation shall not be obligated to file such reports with the Commission if the Commission does not permit such filings; and
(d) transmit by mail to all holders Holders, in the manner and to the extent provided in Section 313(c) of Securities, as the names and addresses of such holders appear upon the Security RegisterTIA, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections paragraphs (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) . Delivery of such reports, information and documents to the Debenture Trustee is shall be for informational purposes only and the Debenture Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's ’s compliance with any of its the covenants hereunder contained in this Indenture (as to which the Debenture Trustee is entitled to conclusively rely exclusively on Officers' Certificatesupon an Officer’s Certificate).
Appears in 2 contracts
Reports by the Corporation. In the event any U.S. Dollar Debentures are outstanding, the Corporation shall:
(a) The Corporation covenants and agrees to file with the Debenture U.S. Trustee, within 15 10 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sectionsSections, then it shall file with the Trustees and the Commission, in accordance with rules and regulations prescribed from time to provide to time by the Debenture TrusteeCommission, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.;
(b) provide the U.S. Trustee an incumbency certificate setting out the names and sample signatures of persons authorized by the Corporation to give instructions on its behalf and the U.S. Trustee shall be entitled to rely on this certificate unless a revised certificate is provided. The U.S. Trustee shall be entitled to refuse to act upon any instruction or direction from the Corporation covenants and agrees to which is signed by a Person other than a Person described in such incumbency certificate;
(c) file with the Debenture Trustee Trustees and the Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents and reports with respect to compliance by the Corporation Corporation, as the case may be, with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations.; and
(cd) The Corporation covenants and agrees to transmit by mail to all holders of SecuritiesHolders, as the their names and addresses of such holders appear upon in the Security RegisterRegisters, within 30 days after the filing thereof with the Debenture TrusteeTrustees, in 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 Corporation pursuant to subsections (a) and (b) of this Section 4.03 7.3 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) . Delivery of such reports, information and documents to the Debenture U.S. Trustee is for informational purposes only and the Debenture Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's ’s compliance with any of its covenants hereunder (as to which the Debenture Trustee is Trustees are entitled to rely exclusively on Officers' ’ Certificates).
Appears in 1 contract
Samples: Indenture (Brookfield Renewable Energy Partners L.P.)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, Trustee within 15 30 days after the date on which the Corporation is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the said Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide file with the Trustee and said Commission in accordance with rules and regulations prescribed from time to the Debenture Trusteetime by said Commission, such of the supplementary and periodic information, documents and reports which would have been may be required pursuant to Section section 13 of the Securities Exchange Act of 1934, as amended, 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. The Corporation also ; delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustees receipt of such shall not constitute constructive notice of any information contained there or determinable from information contained therein including the Corporation’s compliance with any of its covenants and agrees hereunder (as to comply with which the provisions of Section 314(a) of the Trust Indenture ActTrustee is entitled to rely exclusively on Officers Certificates.)
(ba) The Corporation covenants and agrees to file with the Debenture Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained there or determinable from information contained therein, including the Corporation’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates.)
(cb) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Registerregistry books of the Corporation, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections subsection (a) and or (b) of this Section 4.03 6.03 as may be required by rules and regulations prescribed from time to time by the Securities and Exchange Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 1 contract
Reports by the Corporation. The Corporation shall:
(a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 30 days after the date on which the Corporation is required to file files or furnishes the same with or to the Commission, copies copies, which may be in electronic format, of the annual and quarterly reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with or furnish to the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.;
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations.;
(c) The notwithstanding that the Corporation covenants may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, or otherwise report on an annual and agrees quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Corporation shall provide the Trustee:
(1) within 140 days after the end of each fiscal year, the information required to be contained in annual reports on Form 20-F, Form 40-F or Form 10-K as applicable (or any successor form); and
(2) within 65 days after the end of each of the first three fiscal quarters of each fiscal year, the information required to be contained in reports on Form 6-K (or any successor form) which, regardless of applicable requirements, shall, at a minimum, contain such information required to be provided in quarterly reports under the laws of Canada or any province thereof to security holders of a corporation with securities listed on the Toronto Stock Exchange, whether or not the Corporation has any of its securities so listed. Such reports, to the extent permitted by the rules and regulations of the Commission, will be prepared in accordance with Canadian disclosure requirements and GAAP; provided, however, that the Corporation shall not be obligated to file such reports with the Commission if the Commission does not permit such filings; and
(d) transmit by mail to all holders Holders, in the manner and to the extent provided in Section 313(c) of Securities, as the names and addresses of such holders appear upon the Security RegisterTIA, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections paragraphs (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) . Delivery of such reports, information and documents to the Debenture Trustee is shall be for informational purposes only and the Debenture Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's ’s compliance with any of its the covenants hereunder contained in this Indenture (as to which the Debenture Trustee is entitled to conclusively rely exclusively on Officers' Certificatesupon an Officer’s Certificate).
Appears in 1 contract
Samples: Indenture (Cenovus Energy Inc.)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
(e) So long as is required for an offer or sale of the Securities to qualify for an exemption under Rule 144A under the Securities Act, the Corporation shall, upon request, provide the information required by clause (d)(4) thereunder to each Securityholder and to each beneficial owner and prospective purchaser of Securities identified by each Securityholder of Restricted Securities, unless such information is furnished to the Commission pursuant to Section 13 or l5(d) of the Exchange Act.
Appears in 1 contract
Samples: Indenture (Greater Bay Bancorp)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Commission all annual reports and information, documents and other reports which the Corporation may be required to file with the Commission pursuant to Section 13 or 15(d) of the Exchange Act within the time periods mandated thereby and by the rules and regulations of the Commission promulgated thereunder and to file the same with the Debenture Trustee, within 15 fifteen (15) days after the date on which it shall file any such report or information with the Commission the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The If the Corporation also covenants intends to file its annual and agrees to comply quarterly information with the provisions Commission in electronic form pursuant to Regulation S-T of the Commission using the Commission's Electronic Data Gathering, Analysis and Retrieval ("EDGAR" system), the Corporation shall notify the Debenture Trustee in xxx manner prescribed herein of each such annual and quarterly filing. The Debenture Trustee is hereby authorized and directed to access the EDGAR system for purposes of retrieving the information so filed. The Xxxxnture Trustee shall have no duty to search for or obtain any electronic or other filings that the Corporation makes with the Commission, regardless of whether such filings are periodic, supplemental or otherwise. Delivery of reports, information and documents to the Debenture Trustee pursuant to this Section 4.03 shall be solely for purposes of compliance with this Section 4.03 and, if applicable, with Section 314(a) of the Trust Indenture Act, but shall not relieve the Corporation or the Guarantor of the requirement to deliver the information, documents and reports referred to in Section 4.03(b). The Debenture Trustee's receipt of such reports, information and documents shall not constitute notice to it of the content thereof or any matter determinable from the contents thereof, including the Corporation's compliance with any of its covenants hereunder, as to which the Debenture Trustee is entitled to rely exclusively upon Officers' Certificates.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 thirty (30) days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (aSections 4.03(a) and (b4.03(b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 1 contract
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which that the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sectionsSections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such of the supplementary and periodic information, documents and reports that may be required pursuant to Section 13 of the Exchange Act.
(b) The Corporation covenants and agrees to file with the Trustee and the Commission, in accordance with the rules and regulations prescribed from to time to time by the Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders the Debentureholders, in the manner and to the extent provided in Section 313(c) of Securities, as the names and addresses of such holders appear upon the Security RegisterTrust Indenture Act, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 7.3 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 1 contract
Reports by the Corporation. (a1) The Corporation covenants and agrees to file with the Debenture TrusteeTrustee and deliver to the Debentureholders (in the manner and to the extent provided in this Section 11.3), within 15 days after the date on which the Corporation is required to file files the same with the CommissionSEC, copies of the annual reports reports, financial statements and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission the SEC may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission SEC pursuant to Section 13 13(a) or Section 15(d) of the U.S. Securities Exchange Act; orprovided, if the Corporation is not required however, that such reporting shall be deemed to file information, documents or reports pursuant to either of such sections, then to provide have been provided to the Debenture TrusteeTrustee and the Debentureholders once filed on the SEC’s Electronic Data Gathering, such of the supplementary Analysis and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(aRetrieval system (XXXXX) of the Trust Indenture Act(or any successor thereto).
(b2) The Corporation covenants and agrees to file with the Debenture Trustee Trustee, the Debentureholders and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by said Commissionrules and regulations, such additional information, documents documents, and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations. To the extent any such reports are filed with the SEC, then such reports will be deemed to have been filed with the Trustee and the Debentureholders.
(c3) The Any and all Events of Default arising solely from a failure to furnish in a timely manner any report required by this Section 11.3 shall be deemed cured (and the Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required shall be deemed to be filed by the Corporation pursuant to subsections (a) and (b) of in compliance with this Section 4.03 11.3) upon filing or posting such report as may be required contemplated by rules and regulations prescribed from time this Section 11.3 (but without regard to time by the Commissiondate on which such report is so filed or posted); provided, that such cure shall not otherwise affect the rights of the Debentureholders under Article 8 hereof.
(d4) Delivery of any reports, information and documents to the Trustee shall be for informational purposes only and the Trustee’s receipt of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's ’s compliance with any of its covenants hereunder (as to which which, subject to Article 8, the Debenture Trustee is entitled to rely exclusively on Officers' Officer’s Certificates).
Appears in 1 contract
Samples: Indenture (Canopy Growth Corp)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 4.3 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 1 contract
Samples: Indenture (Valley National Bancorp)
Reports by the Corporation. In the event any U.S. Dollar Notes are outstanding, the Issuers shall:
(a) The Corporation covenants and agrees to file with the Debenture U.S. Trustee, within 15 10 days after the date on which the Corporation is Issuers are required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which the Corporation Issuers may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the U.S. Exchange Act; or, if the Corporation is Issuers are not required to file information, documents or reports pursuant to either of such sectionsSections, then they shall file with the U.S. Trustee and the Commission, in accordance with rules and regulations prescribed from time to provide to time by the Debenture TrusteeCommission, such of the supplementary and periodic information, documents and reports which would have been may be required pursuant to Section 13 of the U.S. Exchange Act in respect of a security Security listed and registered on a national securities exchange in accordance with Section 313(d) of the Trust Indenture Act or as may be prescribed from time to time in such rules and regulations. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.;
(b) provide the U.S. Trustee an incumbency certificate setting out the names and sample signatures of persons authorized by the Issuers to give instructions on their behalf and the U.S. Trustee shall be entitled to rely on this certificate unless a revised certificate is provided. The Corporation covenants and agrees U.S. Trustee shall be entitled to refuse to act upon any instruction or direction from the Issuers which is signed by a Person other than a Person described in such incumbency certificate;
(c) file with the Debenture U.S. Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents and reports with respect to compliance by the Corporation Issuers, as the case may be, with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations.; and
(cd) The Corporation covenants and agrees to transmit by mail to all holders of SecuritiesHolders, as the their names and addresses of such holders appear upon in the Security Note Register, within 30 days after the filing thereof with the Debenture U.S. Trustee, in the manner and to the extent provided in Section 313(c) of the Trust Indenture Act, such summaries of any information, documents and reports required to be filed by the Corporation Issuers pursuant to subsections (a) and (b) of this Section 4.03 7.3 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) . Delivery of such reports, information and documents to the Debenture U.S. Trustee is for informational purposes only and the Debenture U.S. Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's Issuers’ compliance with any of its their covenants hereunder (as to which the Debenture U.S. Trustee is entitled to rely exclusively on Officers' Officer’s Certificates).
Appears in 1 contract
Samples: Indenture (Brookfield Infrastructure Partners L.P.)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 1 contract
Reports by the Corporation. (a) The Corporation covenants and agrees shall file or cause to file be filed with the Debenture TrusteeTrustee and with the Commission, and transmit to holders of Securities, 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 in the Trust Indenture Act. In the case of information, documents or reports required to be filed with the Commission pursuant to Section 13(a) or Section 15(d) of the Exchange Act, the Corporation shall file or cause the filing of such information documents or reports with the Debenture Trustee within 15 days after the date on which the Corporation is same are required to file the same be filed with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 4.3 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
(e) So long as is required for an offer or sale of the Securities to qualify for an exemption under Rule 144A under the Securities Act, the Corporation shall, upon request, provide the information required by clause (d)(4) thereunder to each Securityholder and to each beneficial owner and prospective purchaser of Securities identified by each Securityholder of Restricted Securities, unless such information is furnished to the Commission pursuant to Section 13 or l5(d) of the Exchange Act.
Appears in 1 contract
Samples: Indenture (CNBF Capital Trust I)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
(e) So long as is required for an offer or sale of the Securities to qualify for an exemption under Rule 144A under the Securities Act, the Corporation shall, upon request, provide the information required by clause (d)(4) thereunder to each Securityholder and to each beneficial owner and prospective purchaser of Securities identified by each Securityholder of Restricted Securities, unless such information is furnished to the Commission pursuant to Section 13 or l5(d) of the Exchange Act.
Appears in 1 contract
Samples: Indenture (Bfoh Capital Trust I)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, Trustee within 15 30 days after the date on which the Corporation is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the said Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide file with the Trustee and said Commission, in accordance with rules and regulations prescribed from time to the Debenture Trusteetime by said Commission, such of the supplementary and periodic information, documents and reports which would have been may be required pursuant to Section section 13 of the Securities Exchange Act of 1934, as amended, 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Registerregistry books of the Corporation, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections subsection (a) and or (b) of this Section 4.03 6.03 as may be required by rules and regulations prescribed from time to time by the Securities and Exchange Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 1 contract
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, Trustee within 15 30 days after the date on which the Corporation is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the said Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide file with the Trustee and said Commission in accordance with rules and regulations prescribed from time to the Debenture Trusteetime by said Commission, such of the supplementary and periodic information, documents and reports which would have been may be required pursuant to Section section 13 of the Securities Exchange Act of 1934, as amended, 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. The Corporation also ; delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustees receipt of such shall not constitute constructive notice of any information contained there or determinable from information contained therein including the Corporation's compliance with any of its covenants and agrees hereunder (as to comply with which the provisions of Section 314(a) of the Trust Indenture ActTrustee is entitled to rely exclusively on Officers Certificates.)
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations; delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee's receipt of such shall not constitute constructive notice of any information contained there or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer's Certificates.)
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Registerregistry books of the Corporation, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections subsection (a) and or (b) of this Section 4.03 6.03 as may be required by rules and regulations prescribed from time to time by the Securities and Exchange Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 1 contract
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
(e) So long as is required for an offer or sale of the Securities to qualify for an exemption under Rule 144A under the Securities Act, the Corporation shall, upon request, provide the information required by clause (d)(4) thereunder to each Securityholder and to each beneficial owner and prospective purchaser of Securities identified by each Securityholder of Restricted Securities, unless such information is furnished to the Com- mission pursuant to Section 13 or 15(d) of the Exchange Act.
Appears in 1 contract
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, Trustee within 15 30 days after the date on which the Corporation is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the said Commission pursuant to Section section 13 or Section section 15(d) of the Securities Exchange ActAct of 1934, as amended; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide file with the Trustee and said Commission, in accordance with rules and regulations prescribed from time to the Debenture Trustee, time by said Commission. such of the supplementary and periodic information, documents and reports which would have been may be required pursuant to Section section 13 of the Securities Exchange Act of 1934, as amended, 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Securities and Exchange Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Registerregistry books of the Corporation, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections subsection (a) and or (b) of this Section 4.03 6.03 as may be required by rules and regulations prescribed from time to time by the Securities and Exchange Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 1 contract
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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 or copies of the call reports that the Corporation is required to time in such rules and regulationsfile with its primary federal banking regulator. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to MMCapS(SM) Funding I, Ltd. and to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
(e) So long as is required for an offer or sale of the Securities to qualify for an exemption under Rule 144A under the Securities Act, the Corporation shall, upon request, provide the information required by clause (d)(4) thereunder to each Securityholder and to each beneficial owner and prospective purchaser of Securities identified by each Securityholder of Restricted Securities, unless such information is furnished to the Commission pursuant to Section 13 or 15(d) of the Exchange Act.
Appears in 1 contract
Samples: Indenture (Nara Bancorp Inc)
Reports by the Corporation. The Corporation covenants:
(a) The Corporation covenants and agrees to file with the Debenture Trustee, Trustee within 15 fifteen days after the date on which the Corporation is required to file the same with the Securities and Exchange Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the said Commission pursuant to Section 13 or Section 15(d) of the Securities Exchange ActAct of 1934; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide file with the Trustee and said Commission, in accordance with rules and regulations prescribed from time to the Debenture Trusteetime by said Commission, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.;
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Securities and Exchange Commission, in accordance with the Trust Indenture Act of 1939 and with the rules and regulations prescribed from time to time by said Commission, such additional information, documents documents, and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.;
(c) The Corporation covenants and agrees to transmit by mail to all holders the Holders of SecuritiesSecurities of each series, as the names and addresses of such holders Holders appear upon on the Security Register, within 30 thirty days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation with respect to each such series pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Securities and Exchange Commission.;
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice if Unregistered Securities of any information contained therein or determinable series are outstanding, to file with the listing agent of the Corporation with respect to such series such documents and reports of the Corporation as may be required from information contained therein, including time to time by the Corporation's compliance with rules and regulations of any of its covenants hereunder (as to stock exchange on which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates)such Unregistered Securities are listed.
Appears in 1 contract
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
(e) So long as is required for an offer or sale of the Securities to qualify for an exemption under Rule 144A under the Securities Act, the Corporation shall, upon request, provide the information re quired by clause (d)(4) thereunder to each Securityholder and to each beneficial owner and prospective purchaser of Securities identified by each Securityholder of Restricted Securities, unless such information is furnished to the Commission pursuant to Section 13 or l5 (d) of the Exchange Act.
Appears in 1 contract
Samples: Indenture (Reliance Capital Trust I)
Reports by the Corporation. The Corporation shall:
(a) The Corporation covenants and agrees furnish to file with the Debenture Trustee, within 15 30 days after the date on which the Corporation is required to file or furnish the same with or to the Commission, copies copies, which may be in electronic format, of the annual and quarterly reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said the Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with or furnish to the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.;
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said the Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in of this Indenture as may be required from time to time by such rules and regulations.;
(c) The notwithstanding that the Corporation covenants may not be required to remain subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, or otherwise report on an annual and agrees quarterly basis on forms provided for such annual and quarterly reporting pursuant to rules and regulations promulgated by the Commission, the Corporation shall provide the Trustee:
(1) within 140 days after the end of each fiscal year, the information required to be contained in an annual report on Form 10-K; and
(2) within 65 days after the end of each of the first three fiscal quarters of each fiscal year, the information required to be contained in reports on Form 10-Q (or any successor form). Such reports, to the extent permitted by the rules and regulations of the Commission, will be prepared in accordance with United States disclosure requirements and GAAP; provided, however, that the Corporation shall not be obligated to file such reports with the Commission if the Commission does not permit such filings; and
(d) transmit by mail to all holders Holders, in the manner and to the extent provided in Section 313(c) of Securities, as the names and addresses of such holders appear upon the Security RegisterTIA, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections paragraphs (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) . Delivery of such reports, information and documents to the Debenture Trustee is shall be for informational purposes only and the Debenture Trustee's ’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's ’s compliance with any of its the covenants hereunder contained in this Indenture (as to which the Debenture Trustee is entitled to conclusively rely exclusively on Officers' Certificatesupon an Officer’s Certificate).
Appears in 1 contract
Samples: Indenture (Ovintiv Inc.)
Reports by the Corporation. (a) The Corporation covenants and agrees to file with the Debenture Trustee, within 15 days after the date on which the Corporation is required to file the same with the Commission, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Corporation is not required to file information, documents or reports pursuant to either of such sections, then to provide to the Debenture Trustee, such of the supplementary and periodic information, documents and reports which would have been 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. The Corporation also covenants and agrees to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b) The Corporation covenants and agrees to file with the Debenture Trustee and the Commission, in accordance with the rules and regulations prescribed from time to time by said Commission, such additional information, documents and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations.
(c) The Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required to be filed by the Corporation pursuant to subsections (a) and (b) of this Section 4.03 as may be required by rules and regulations prescribed from time to time by the Commission.
(d) Delivery of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's compliance with any of its covenants hereunder (as to which the Debenture Trustee is entitled to rely exclusively on Officers' Certificates).
Appears in 1 contract
Samples: Indenture (Westbank Capital Trust I)
Reports by the Corporation. (a1) The Corporation covenants and agrees (i) to file with the Debenture TrusteeTrustee and deliver to the Debentureholders (in the manner and to the extent provided in this Section 12.3), within 15 days after the date on which the Corporation is required to file files the same with the CommissionSEC, copies of the annual reports reports, financial statements and of the information, documents and other reports (or copies of such portions of any of the foregoing as said Commission the SEC may from time to time by rules and regulations prescribe) which the Corporation may be required to file with the Commission SEC pursuant to Section 13 13(a) or Section 15(d) of the U.S. Securities Exchange Act; orAct; provided, if the Corporation is not required however, that such reporting shall be deemed to file information, documents or reports pursuant to either of such sections, then to provide have been provided to the Debenture TrusteeTrustee and the Debentureholders once filed on the SEC’s Electronic Data Gathering, such of the supplementary Analysis and periodic information, documents Retrieval system (EXXXX) (or any successor thereto); and reports which would have been 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. The Corporation also covenants and agrees (ii) to comply with the provisions of Section 314(a) of the Trust Indenture Act.
(b2) The Corporation covenants and agrees to file with the Debenture Trustee Trustee, the Debentureholders and the CommissionSEC, in accordance with the rules and regulations prescribed from time to time by said Commissionrules and regulations, such additional information, documents documents, and reports with respect to compliance by the Corporation with the conditions and covenants provided for in this Indenture as may be required from time to time by such rules and regulations. To the extent any such reports are filed with the SEC, then such reports will be deemed to have been filed with the Trustee and the Debentureholders.
(c3) The Any and all Events of Default arising solely from a failure to furnish in a timely manner any report required by this Section 12.3 shall be deemed cured (and the Corporation covenants and agrees to transmit by mail to all holders of Securities, as the names and addresses of such holders appear upon the Security Register, within 30 days after the filing thereof with the Debenture Trustee, such summaries of any information, documents and reports required shall be deemed to be filed by the Corporation pursuant to subsections (a) and (b) of in compliance with this Section 4.03 12.3) upon filing or posting such report as may be required contemplated by rules and regulations prescribed from time this Section 12.3 (but without regard to time by the Commissiondate on which such report is so filed or posted); provided, that such cure shall not otherwise affect the rights of the Debentureholders under Article 9 hereof.
(d4) Delivery of any reports, information and documents to the Trustee shall be for informational purposes only and the Trustee’s receipt of such reports, information and documents to the Debenture Trustee is for informational purposes only and the Debenture Trustee's receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Corporation's ’s compliance with any of its covenants hereunder (as to which which, subject to Article 9, the Debenture Trustee is entitled to rely exclusively on Officers' Officer’s Certificates).
Appears in 1 contract
Samples: Indenture (Canopy Growth Corp)