SEC Filings, Etc. Promptly upon its becoming available, each financial statement, report, notice or proxy statement sent by the Borrower to stockholders generally and each regular or periodic report and any registration statement, prospectus or written communication (other than transmittal letters) in respect thereof filed by the Borrower with or received by the Borrower in connection therewith from any securities exchange or the SEC or any successor agency.
SEC Filings, Etc. The Company has heretofore delivered to each Purchaser correct and complete copies of the SEC Documents. The SEC Documents were true and correct in all material respects at the time filed with respect to the periods covered thereby; and such reports, as amended, supplemented, or updated by subsequent filings, are true and correct as of the date so amended, supplemented or updated in all material respects, do not contain any misstatement of a material fact and do not omit to state a material fact or any fact required to be stated therein or necessary to make the statements contained therein not materially misleading with respect to the periods covered thereby; and all amendments or supplements thereto required to be filed under the federal securities laws have been so filed. The consolidated financial statements of the Company included in the SEC Documents complied, when filed, with the then-applicable accounting requirements and the published rules and regulations of the SEC with respect thereto, were prepared in accordance with generally accepted accounting principles applied on a consistent basis during the periods involved (except as may have been indicated in the notes thereto or, in the case of the unaudited statements, as permitted by Form 10-QSB promulgated by the SEC) and fairly presented (subject in the case of the unaudited statements, to normal audit adjustments) the financial position of the Company at the dates thereof and the consolidated results of the operations and statement of changes in financial position for the periods then ended. The Company has filed all documents and agreements that were required to be filed as exhibits to the SEC Documents and all such documents and agreements when filed were correct and complete in all material respects. Notwithstanding the foregoing, the Company's financial situation has changed since the Company filed the SEC Documents.
SEC Filings, Etc. Promptly upon its becoming available, each financial statement, report, notice or proxy statement sent by the Borrower to its unitholders generally and each regular or periodic report and any registration statement, prospectus or written communication (other than transmittal letters) in respect thereof filed by the Borrower with or received by the Borrower in connection therewith from any securities exchange or the SEC or any successor agency.
SEC Filings, Etc. Promptly upon receipt or transmission thereof, as applicable, the Borrower shall deliver to the Agent:
(a) at any time when the Borrower or any of the other Loan Parties is subject to the reporting requirements of the Securities Exchange Act of 1934, all letters of comment or material correspondence sent to the Borrower or any of the other Loan Parties by any securities exchange or the Commission or any Governmental Authority succeeding to any of its functions in relation to the affairs of the Borrower or any of the other Loan Parties,
(b) all regular and periodic reports and all registration statements and prospectuses, if any, filed by the Borrower or any of the other Loan Parties with any securities exchange or with the Commission or any Governmental Authority succeeding to any of its functions,
(c) to the extent not already delivered pursuant to the terms of this Agreement, all financial statements, reports, notices and proxy statements sent or made available generally by the Borrower or any of the other Loan Parties to other lenders to such Persons (if any) and their other respective bondholders or security holders (or any trustee or other representative of any of the foregoing) (including the Indentures) and any non-routine notices or other non-routine correspondence from such lenders, bondholders or security holders (or trustee or other representative of such Persons), and
(d) any management letters delivered by the accountants in connection with an annual audit.
SEC Filings, Etc. Promptly, upon its becoming available, each financial statement, report, notice or proxy statement sent by the Company to stockholders generally.
SEC Filings, Etc. Promptly upon its becoming available, (i) each Form 10K, Form 10Q and Form 8K, filed by the Borrower with any securities exchange or the SEC or any successor agency and (ii) notice to each Lender of the availability of each registration statement (other than registration statements on Form S-8 or Form S-3 relating to employee benefit or stock option plans) and promptly upon receiving a written request therefor, the Borrower will furnish copies of such registration statement to the Lender submitting the request.
SEC Filings, Etc. Promptly upon its becoming available, each financial statement, report, notice or proxy statement sent by AER and its Subsidiaries to stockholders generally and each regular or periodic report and any registration statement, prospectus or written communication (other than transmittal letters) in respect thereof filed by AER and its Subsidiaries with or received by AER and its Subsidiaries in connection therewith from any securities exchange or the SEC or any successor agency. Documents required to be delivered pursuant to this Section 8.01(e) may be delivered electronically and if so delivered, shall be deemed to have been delivered on the date on which AER posts such documents to XXXXX (or such other free, publicly-accessible internet database that may be established and maintained by the SEC as a substitute for or successor to XXXXX); provided that: (i) the Borrower shall deliver paper copies of such documents to the Administrative Agent or any Lender that requests the Borrower to deliver such paper copies until a written request to cease delivering paper copies is given by the Administrative Agent or such Lender; and (ii) the Borrower shall notify the Administrative Agent and each Lender (by telecopier or electronic mail) of the posting of any such documents and provide to the Administrative Agent by electronic mail electronic versions (i.e., soft copies) of such documents.
SEC Filings, Etc. Promptly upon its becoming available and not otherwise required to be delivered to the Administrative Agent under this Agreement, each financial statement, report, notice or proxy statement sent by the Parent Borrower to stockholders generally and each regular or periodic report and any registration statement, prospectus or written communication (other than transmittal letters and routine communications) in respect thereof filed by the Parent Borrower with or received by the Parent Borrower in connection therewith from any securities exchange or the SEC or any successor agency.
SEC Filings, Etc. Promptly upon receipt or transmission thereof by Parent, as applicable, the Borrower shall deliver to the Lenders:
(a) all letters of comment or material correspondence sent to Parent or any of its Subsidiaries by any securities exchange or the Securities and Exchange Commission in relation to the affairs of Parent or any of its Subsidiaries;
(b) all regular and periodic reports and all registration statements and prospectuses, if any, filed by Parent or any of its Subsidiaries with any securities exchange or with the Securities and Exchange Commission or any governmental authority succeeding to any of its functions;
(c) all financial statements, reports, notices and proxy statements sent or made available generally by Parent or any of its Subsidiaries to other lenders to such Persons (if any) and their other respective bondholders or security holders (or any trustee or other representative of any of the foregoing) and any non-routine notices or other non-routine correspondence from such lenders, bondholders or security holders (or trustee or other representative of such Persons); and
(d) all press releases and other statements made available by Parent or any of its Subsidiaries to the public concerning material developments in their respective businesses provided, however, that any information or document described in clauses (a) through (d) of this Subsection 6.1.5 that is filed with the SEC via the XXXXX filing system shall be deemed to be delivered to Lenders upon the Lenders’ receipt of notice (including any notice received via e-mail) from the Borrower that such information or document has been filed and is available on XXXXX provided, further, however, that no such notice need be delivered in connection with the regularly filed Annual Reports of Parent on Form 10-K or Quarterly Reports of Parent on Form 10-Q.
SEC Filings, Etc. From and after such time, if any, as Borrower files a registration statement with the SEC or otherwise becomes subject to public company reporting obligations under the Securities Exchange Act of 1934, as amended, promptly upon its becoming available, each financial statement, report, notice or proxy statement sent by the Borrower to stockholders generally and each regular or periodic report and any registration statement, prospectus or written communication (other than transmittal letters) in respect thereof filed by the Borrower with or received by the Borrower in connection therewith from any securities exchange or the SEC; provided, however, that the requirement to deliver the Borrower's quarterly reports (Form 10-Q) and annual reports (Form 10-K) to be filed with the SEC may be satisfied by notifying the Administrative Agent and the Banks that (i) such documents have been posted on the Borrower's website on the Internet at the website address listed on Schedule 7.14 or (ii) a link thereto can be found on the aforementioned website address and further provided that paper copies will be provided upon request of the Administrative Agent.
