Sarbanes Oxley Act of 2002. There is and has been no failure on the part of the Partnership and, to the Partnership’s knowledge, any of the General Partner’s directors or officers, in their capacities as such, to comply with the provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith.
Sarbanes Oxley Act of 2002. The Company and any of the Company’s directors or officers, in their capacities as such, shall take all actions necessary to comply with any applicable provision of the Sarbanes Oxley Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Sarbanes Oxley Act of 2002. Notwithstanding anything herein to thx xxxxxxxx, xf the Company determines, in its good faith judgment, that any transfer or deemed transfer of funds hereunder is likely to be construed as a personal loan prohibited by Section 13(k) of the Exchange Act and the rules and regulations promulgated thereunder, then such transfer or deemed transfer shall not be made to the extent necessary or appropriate so as not to violate the Exchange Act and the rules and regulations promulgated thereunder.
Sarbanes Oxley Act of 2002. To thx xxxxxx xxxxxtted by applicable law and the rules of the Securities and Exchange Commission as interpreted by the staff of the Securities and Exchange Commission, the Servicer shall furnish to the Depositor in a timely manner for filing under the Securities Exchange Act of 1934, as amended, the certification required by Section 302 of the Sarbanes-Oxley Act of 2002 in resxxxx xx xxx Xxsuer. Whether or not such certification may be given by the Servicer, the Servicer hereby indemnifies and holds harmless the Depositor against any loss, liability and damages incurred by the Depositor in respect of any certification furnished by it pursuant to such Section 302 of the Sarbanes-Oxley Act of 2002 to the xxxxxx xxxx xoss, liability and damages arises out of or is based on such certification relating to information contained in or omitted from any Investor Report.
Sarbanes Oxley Act of 2002. At the Closing Date, the Partnership and, to the Partnership’s knowledge, the General Partner’s directors or officers, in their capacities as such, will be in compliance with all applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith and the rules of the NYSE (as hereinafter defined) that are effective and applicable to the Partnership as of the Closing Date.
Sarbanes Oxley Act of 2002. To the extent permitted by applicable lax xxx xxx xxxxs of the Securities and Exchange Commission as interpreted by the staff of the Securities and Exchange Commission, the Servicer shall furnish to the [Depositor] [Trustee] in a timely manner for filing under the Securities Exchange Act of 1934, as amended, the certification required by Section 302 of the Sarbanes-Oxley Act of 2002 in respect of any Securitization of the Rxxxxxxxxxx; xxovided that such certification shall only relate to the Servicing Report. Whether or not such certification may be given by the Servicer, the Servicer hereby indemnifies and holds harmless the [Depositor] [Trustee] against any loss, liability and damages incurred by the [Depositor] [Trustee] in respect of any certification furnished by it pursuant to such Section 302 of the Sarbanes-Oxley Act of 2002 to the extent such loss, liability and daxxxxx xxxxxx xut of or is based on such certification relating to information contained in or omitted from any Servicer Report.
Sarbanes Oxley Act of 2002. The Company has been and is in compliance xx xxx xxxxxxal respects with (A) the applicable provisions of the Sarbanes Oxley Act and the rules and regulations promulgated thereunder and (B) the applicable listing and corporate governance rules and regulations of NASDAQ. Without limitation to Section 3.11 below, the Company and its Subsidiaries have designed and maintain a system of internal controls over financial reporting (as defined in Rules 13a-15(f) and 15d-15(f) of the Exchange Act) sufficient to provide reasonable assurances regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with GAAP. The Company has designed and maintains disclosure controls and procedures (as defined in Rules 13a-15(e) and 15d-15(e) of the Exchange Act) and such disclosure controls and procedures are effective to ensure that information required to be disclosed by the Company in the reports that it files or submits under the Exchange Act is recorded, processed, summarized and reported within the time periods specified in the SEC's rules and forms and is accumulated and communicated to the Company's management as appropriate to allow timely decisions regarding required disclosure. The Company's principal executive officer and principal financial officer have disclosed, based on its most recent evaluation of such disclosure controls and procedures prior to the date hereof, to the Company's auditors and the audit committee of the Company (A) any significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting that are reasonably likely to adversely affect the Company's ability to record, process, summarize and report financial information and (B) any fraud, whether or not material, that involves management or other employees who have a significant role in the Company's internal controls over financial reporting and the Company has provided Parent with copies of any material written materials relating to the foregoing and a written summary thereof. Since December 31, 2006, any change in internal controls over financial reporting required to be disclosed in any Company SEC Document has been so disclosed, and (i) the Company has no knowledge of any complaint, whether written or oral, regarding the accounting or auditing practices, procedures, methodologies or methods of the Company or any of its Subsidiaries or their respective internal accounting contro...
Sarbanes Oxley Act of 2002. There has been no failure on the part of the Trust to comply in all material respects with all applicable and effective provisions of the Sarbanes—Oxley Act of 2002 and the rules and regulations promulgated in connection therewith. At each of the Closing Date and the Additional Closing Date, if any, the Trust will be in compliance in all material respects with all applicable provisions of the Sarbanes—Oxley Act of 2002, the rules and regulations promulgated therewith and the rules of the NYSE that are effective and applicable to the Trust.
Sarbanes Oxley Act of 2002. There has been no failure on the part of the Company or any of members of its management team, in their capacities as such, to comply in all material respects with all applicable and effective provisions of the Sarbanes—Oxley Act of 2002 and the rules and regulations promulgated in connection therewith. At each of the Closing Date and the Additional Closing Date, the Company will be in compliance in all material respects with all applicable provisions of the Sarbanes—Oxley Act of 2002, the rules and regulations promulgated therewith and the rules of the NYSE that are effective and applicable to the Company.
Sarbanes Oxley Act of 2002. The Company has complied in all material respects with the currently applicable requirements of the Xxxxxxxx-Xxxxx Act of 2002.
