Sxxxxxxx-Xxxxx Act Compliance. The Company is in material compliance with all provisions of the Sxxxxxxx-Xxxxx Act of 2002 that are applicable to it as of the Closing Date.
Sxxxxxxx-Xxxxx Act Compliance. The Company has complied in all material respects with Rule 13a-14 of the Exchange Act and has made the evaluations of the Company’s disclosure controls and procedures required under Rule 13a-15 under the Exchange Act. Except as described in the Registration Statement, the Pre-Pricing Prospectus and the Prospectus, the Company is, and to the knowledge of the Company, the Adviser or BDC Partners, the Company’s directors and officers, in their capacities as such, are, in compliance in all material respects with the applicable provisions of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder.
Sxxxxxxx-Xxxxx Act Compliance. The Company has complied in all material respects with Sections 302 and 906 of the Sxxxxxxx-Xxxxx Act of 2002 (the “Sxxxxxxx-Xxxxx Act”) and has made the evaluations of the Company’s disclosure controls and procedures required under Rule 13a-15 under the Exchange Act.
Sxxxxxxx-Xxxxx Act Compliance. The Company shall take all actions reasonably necessary to maintain material compliance with each applicable provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder and related or similar rules and regulations promulgated by any other governmental or self-regulatory entity or agency with jurisdiction over the Company, including, if required under applicable law, rule or regulation, maintenance of a system of internal accounting controls sufficient to provide reasonable assurances that: (i) transactions are executed in accordance with management’s general or specific authorization; (ii) transactions are recorded as necessary in order to permit preparation of financial statements in accordance with GAAP and to maintain accountability for assets; (iii) access to assets is permitted only in accordance with management’s general or specific authorization; and (iv) the recorded accountability for assets is compared with existing assets at reasonable intervals and appropriate action is taken with respect to any differences.
Sxxxxxxx-Xxxxx Act Compliance. To the best knowledge of the Holdings and Borrower, no Internal Control Event exists or has occurred since December 31, 2005 that has resulted in or could reasonably be expected to result in a misstatement in any material respect, in any financial information delivered or to be delivered to the Administrative Agent or the Lenders, of (i) covenant compliance calculations provided hereunder or (ii) the assets, liabilities, financial condition or results of operations of the Borrower and its Subsidiaries on a consolidated basis.
Sxxxxxxx-Xxxxx Act Compliance. Touring USA and Touring ROW will comply with any written request from LN that they comply with applicable provisions of the Sxxxxxxx-Xxxxx Act of 2002 and that they provide to LN information to allow LN to comply with disclosure requirements of the Sxxxxxxx-Xxxxx Act of 2002; provided that such request instructs Touring USA and Touring ROW as to the specific actions and information that are requested and affords them reasonable time to comply having regard to the resources of the Companies.
Sxxxxxxx-Xxxxx Act Compliance. The Company is, or at the Applicable Time and on the Closing Date will be, in material compliance with the provisions of the Sxxxxxxx-Xxxxx Act of 2002, as amended, that are then in effect and with which the Company is required to comply as of such time.
Sxxxxxxx-Xxxxx Act Compliance. Prosperity and its Subsidiaries and any of the officers and directors of Prosperity and its Subsidiaries, in their capacities as such, are in compliance, in all material respects, with the provisions of the Sxxxxxxx-Xxxxx Act of 2002 (“Sxxxxxxx-Xxxxx Act”) and the related rules and regulations promulgated thereunder by the SEC and Nasdaq. Prosperity is actively taking steps to ensure that it will be in compliance with other applicable provisions of the Sxxxxxxx-Xxxxx Act and the related rules and regulations promulgated thereunder by the SEC and Nasdaq not currently in effect upon and at all times after the effectiveness of such provisions.
Sxxxxxxx-Xxxxx Act Compliance. Each required form, report and document containing financial statements that has been filed with or submitted to the United States Securities and Exchange Commission by any Group Company (if any), was accompanied by the certifications required to be filed or submitted by the chief executive officer and chief financial officer of any Group Company pursuant to the Sxxxxxxx-Xxxxx Act of 2002, and at the time of filing or submission of each such certification, such certification was true and accurate and complied with the Sxxxxxxx-Xxxxx Act and the rules and regulations promulgated thereunder. No Group Company nor, to the knowledge of Holdings or the Borrower, any director, officer, employee, auditor, accountant or representative of any Group Company has received or otherwise had or obtained knowledge of any complaint, allegation, assertion or claim, whether written or oral, regarding the accounting or auditing practices, procedures, methodologies or methods of any Group Company or their respective internal accounting controls, including any complaint, allegation, assertion or claim that any Group Company has engaged in questionable accounting or auditing practices. No attorney representing any Group Company, whether or not employed by any Group Company, has reported evidence of a material violation of securities laws, breach of fiduciary duty or similar violation by any Group Company or any of its officers, directors, employees or agents to the board of directors of any Group Company or any committee thereof or to any director or officer of any Group Company. To the knowledge of Holdings and the Borrower, no employee of any Group Company has provided or is providing information to any law enforcement agency regarding the commission or possible commission of any crime or the violation or possible violation of any applicable Law. No Group Company or any officer, employee, contractor, subcontractor or agent of any Group Company has discharged, demoted, suspended, threatened, harassed or in any other manner discriminated against an employee of any Group Company in the terms and conditions of employment because of any act of such employee described in 18 U.S.C. Section 1514A(a).
Sxxxxxxx-Xxxxx Act Compliance. There is and has been no failure on the part of the Company and any of the Company’s directors or officers, in their capacities as such, to comply with any provision of the Sxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith (the “Sxxxxxxx-Xxxxx Act”), including Section 402 related to loans and Sections 302 and 906 related to certifications.
