SEC Filings and Reports. This Section 3.03 shall, with respect to the Notes, replace Section 4.02 of the Base Indenture in its entirety. The Company covenants that any documents or reports that the Company is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act or to otherwise comply with Section 314(a) of the TIA shall be filed by the Company (with a copy to the Trustee) within 15 calendar days after the same are required to be filed with the SEC (giving effect to any grace period provided by Rule 12b-25 under the Exchange Act or any other similar or successor provision). Documents filed by the Company pursuant to the SEC’s “XXXXX” system (or any successor electronic filing system) shall be deemed to constitute “filing” with the Trustee for purposes of this Section 3.03. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates).
SEC Filings and Reports. This Section 3.06 replaces Section 4.2 of the Base Indenture with respect to the Notes in its entirety. The Company covenants that any documents or reports that the Company is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act shall be filed by the Company with the Trustee within 15 calendar days after the same are required to be filed with the SEC (giving effect to any grace period provided by Rule 12b-25 under the Exchange Act). Documents filed by the Company pursuant to the SEC’s “XXXXX” system (or any successor electronic filing system) shall be deemed to constitute “filing” with the Trustee for purposes of this Section 3.06. If at any time the Company is not subject to the reporting requirements of Section 13 or 15(d) of the Exchange Act, the Company shall provide the Trustee and the Holders with annual and quarterly reports containing substantially the same information as would have been required to be filed with the SEC had the Company continued to have been subject to such reporting requirements. In such event, such annual and quarterly reports shall be provided at the times the Company would have been required to provide reports had it continued to have been subject to such reporting requirements. Delivery of such reports, information and documents to the Trustee is for informational purposes only and the Trustee’s receipt of such shall not constitute constructive notice of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officers’ Certificates).
SEC Filings and Reports. Since March 31, 2004, ELC has filed all reports, schedules, forms, statements and other documents (the “Commission Documents”) required to be filed by it with the SEC pursuant to the reporting requirements of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). As of their respective dates, the Commission Documents complied in all material respects with the requirements of the Exchange Act and the rules and regulations of the Commission promulgated thereunder applicable to the Commission Documents. Each Commission Document does not as of the date hereof contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein in light of the circumstances in which they were made not misleading.
SEC Filings and Reports. This Section 3.03 shall, with respect to the Notes, replace Section 4.02 of the Base Indenture in its entirety. The Company, pursuant to Section 314(a) of the TIA, shall: (1) deliver to the Trustee, within 15 days after the Company files the same with the SEC, copies of the annual reports and of the information, documents and other reports (or copies of such portions of any of the foregoing as the SEC may from time to time by rules and regulations prescribe) which the Company may be required to file with the SEC pursuant to Section 13 or Section 15(d) of the Exchange Act; or, if the Company is not required to file information, documents or reports pursuant to either of said Sections, then it shall deliver to the Trustee and file with the SEC, in accordance with rules and regulations prescribed from time to time by the SEC, such of the supplementary and periodic information, documents and reports which may be required pursuant to Section 13 of the Exchange Act in respect of a security listed and registered on a national securities exchange as may be prescribed from time to time in such rules and regulations. Documents filed by the Company pursuant to the SEC’s “EXXXX” system (or any successor electronic filing system) shall be deemed to constitute “filing” with the Trustee for purposes of this Section 3.03.
SEC Filings and Reports. The Company will timely file all documents required to be filed with the SEC pursuant to section 13 or 15 of the Exchange Act, and shall provide to the Collateral Agent within one day of making any filing with the SEC copies, copies of all such documents, including all financial statements of the Company filed with the SEC, and all supplemental information packages given to securities analysts or investors.
SEC Filings and Reports. The Company's Annual Report on Form 20-F most recently filed with the SEC and all subsequent reports or documents required to be filed or furnished by it under the Exchange Act (collectively, the "Exchange Act Reports") which have been filed by the Company with, or furnished by the Company to, the SEC or sent to shareholders pursuant to the Exchange Act, do not, so far as the Seller is aware, include any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. So far as the Seller is aware, such Exchange Act Reports when they were filed with, or furnished to, the SEC conformed in all material respects to the requirements of the Exchange Act and the rules and regulations of the SEC thereunder.
SEC Filings and Reports. The Company covenants that any documents or reports that the Company is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act shall be filed by the Company (with a copy to the Trustee) within 15 calendar days after the same are required to be filed with the SEC (giving effect to any grace period provided by Rule 12b-25 under the Exchange Act or any other similar or successor provision). Documents filed by the Company pursuant to the SEC’s “EXXXX” system (or any successor thereto or replacement system thereof) shall be deemed to constitute “filing” with the Trustee for purposes of this Section 3.03. The Trustee shall have no duty to review or analyze reports delivered to it. 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 actual or constructive notice or knowledge of any information contained therein or determinable from information contained therein, including the Company’s compliance with any of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall have no obligation or responsibility for the filing, timeliness or content of any such document or report or to determine whether the Company is required to file any document, report or other information with the SEC, whether the Company’s information is available on (or has been posted to any website, other online data system or filed with EXXXX (or any successor system)) or whether the Company has otherwise delivered any document or report in accordance with this Section 3.03. Notwithstanding anything to the contrary herein, the Trustee will have no duty to search for or obtain any electronic or other filings that the Company makes with the SEC, regardless of whether such filings are periodic, supplemental or otherwise.
SEC Filings and Reports. Lender, at its expense and as its option, shall also obtain Borrower's most recent Form 10-QSB Quarterly Report, Form 10-KSB Annual Report, and any Form 8-K Current Reports that were filed within 30 (thirty) days prior to the Effective Date, and any other filings made by Borrower with the SEC, if any, from the SEC, as soon as the same are filed, or any other information that is provided by Borrower to its shareholders, in their capacity as shareholders. Borrower shall have issued written instructions to its certifying public accountant and non-certifying accountant preventing them from communicating with Lender and advising them to not release to Lender whatever financial information concerning Borrower that Lender may request, due to rules and regulations promulgated and enacted by the SEC preventing the selective release, disclosure, and dissemination of non-public information, prior to the release by the registrant, which, in this case, is the Borrower.
SEC Filings and Reports. The Guarantor covenants that any documents or reports that the Guarantor is required to file with the SEC pursuant to Section 13 or 15(d) of the Exchange Act shall be filed by the Guarantor (with a copy to the Trustee) within 15 calendar days after the same are required to be filed with the SEC (giving effect to any grace period provided by Rule 12b-25 under the Exchange Act or any other similar or successor provision). Documents filed by the Guarantor pursuant to the SEC’s “XXXXX” system (or any successor thereto or replacement system thereof) shall be deemed to constitute “filing” with the Trustee as of the time such documents are filed for purposes of this Section 3.03. Delivery of the documents or reports referred to in the preceding paragraph to the Trustee is for information purposes only, and the Trustee’s receipt of the same shall not constitute actual or constructive notice of any information contained therein or determinable from information contained therein, including the Guarantor’s or the Company’s compliance with an of its covenants hereunder (as to which the Trustee is entitled to rely exclusively on Officer’s Certificates). The Trustee shall have no liability or responsibility for the filing, timeliness or content or any such document or report.
SEC Filings and Reports. (i) Except with respect to a Securitization Issuer (as to which the representations are being made in Section 5.2(gg) below), since January 1, 2003, all forms, reports, registration statements and other documents required to be made or filed by any GMACCH Company pursuant to the Act or the Exchange Act (collectively, the “SEC Reports”) and all certifications and statements required to be made by any officer or director of any GMACCH Company pursuant to the Act or the Exchange Act with respect to any SEC Report have been duly made or filed on a timely basis.
