Xxxxxxxx-Xxxxx Certifications. Neither the chief executive officer nor the chief financial officer of the Company shall have failed to provide, with respect to any Company SEC Document filed (or required to be filed) with the SEC on or after the date of this Agreement, any necessary certification in the form required under Rule 13a-14 under the Exchange Act and 18 U.S.C. §1350.
Xxxxxxxx-Xxxxx Certifications. With respect to any Company SEC Reports filed with the SEC after the date of this Agreement, neither the chief executive officer nor the chief financial officer of the Company shall have failed to provide the necessary certifications as and in the form required under SOxA and in the form previously filed by the Company.
Xxxxxxxx-Xxxxx Certifications. 24.1. The CEO and CFO, pursuant to §906 of the Act, must certify that to the best of their knowledge the periodic report containing financial statements filed by Peak with the SEC fully complies with the requirements of the Securities Exchange Act of 1934 and that information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of the company.
24.2. In addition, the CEO and CFO, pursuant to §302 of the Act, must each certify that:
24.2.1. he has reviewed the report;
24.2.2. based on his knowledge, the quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by the report;
24.2.3. based on his knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in the report; Employment Agreement – Xxxx Xxxx 24th April 2006
24.2.4. that he is responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for Peak and the CEO and CFO have:
24.2.5. he has designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to the CEO and CFO by others within those entities, particularly during the period in which this report is being prepared;
24.2.6. he has evaluated the effectiveness of Peak’s disclosure controls and procedures as of a date within 90 days prior to the filing date of the report (the “Evaluation Date”); and
24.2.7. presented in the report his conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;
24.2.8. that he has disclosed, based on his most recent evaluation, to Peak’s auditors and to the audit committee:
24.2.8.1. all significant deficiencies in the design or operation of internal controls which could adversely affect Peak’s ability to record, process, summarize and report financial data and has identified for Peak’s auditors any material weaknesses in internal controls; and
24.2.8.2. any fraud, whether or not material, that involves man...
Xxxxxxxx-Xxxxx Certifications. Neither the Chief Executive Officer nor the Chief Financial Officer of Parent shall have failed to provide, with respect to any Parent SEC Filings after the date of this Agreement, any necessary certification in the form required under the Xxxxxxxx-Xxxxx Act.
Xxxxxxxx-Xxxxx Certifications. Simultaneously with the delivery of financial statements pursuant to Section 7.1(a) and (b), copies of certifications by the chief executive officer and the chief financial officer or others under the Exchange Act, the Xxxxxxxx-Xxxxx Act of 2002, as amended, and/or the rules and regulations of the SEC;
Xxxxxxxx-Xxxxx Certifications. The certifications required by the Xxxxxxxx-Xxxxx Act of 2002 and the rules of the Securities and Exchange Commission promulgated thereunder to be included in filings with respect to the Issuer pursuant to the Securities Exchange Act of 1934, as amended, shall be made by BVAC, so long as BVAC is the Servicer; if BVAC is no longer the Servicer, such certifications shall be made by the Transferor. If BVAC is no longer the Servicer, the Successor Servicer shall provide to the Transferor all information as the Transferor may reasonably request in order to fulfill its obligations to make such certifications. In addition, the Indenture Trustee shall provide to BVAC or the Transferor (whichever of the two is then required to make such certifications) with a certification signed by a Responsible Officer stating that such Responsible Officer is not actually aware (without any independent duty of inquiry or investigation) of any matters which would cause the certification to be made by BVAC or the Transferor, as the case may be, to be incorrect.
Xxxxxxxx-Xxxxx Certifications. There is and has been no failure on the part of the Fund and any of the Fund’s trustees or officers, in their capacities as such, to comply with any provision of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith, including Sections 302 and 906 related to certifications of the Fund.
Xxxxxxxx-Xxxxx Certifications. If either the chief executive officer or the chief financial officer of the Company shall have failed to provide, with respect to any Company SEC Document filed (or required to be filed) with the SEC on or after the date of this Agreement, any necessary certification as and in the form required under Rule 13a-14 or Rule 15d-14 under the Exchange Act or 18 U.S.C. §1350, then each such failure shall have been rectified.
Xxxxxxxx-Xxxxx Certifications. If either the chief executive officer or the chief financial officer of Parent shall have failed to provide, with respect to any Parent SEC Document filed (or required to be filed) with the SEC on or after the date of this Agreement, any necessary certification as and in the form required under Rule 13a-14 or Rule 15d-14 under the Exchange Act or 18 U.S.C. §1350, then each such failure shall have been rectified.
Xxxxxxxx-Xxxxx Certifications. With respect to information provided by the Distributor that is necessary to complete a report or other filing that is required to be certified by certain of the Client’s officers pursuant to Section 302 and 906 of the Xxxxxxxx-Xxxxx Act of 2002 (the “Act”) and rules and regulations promulgated from time to time thereunder (each such report or other filing, a “Certified Report”), the Distributor agrees that any such information, to its knowledge, will be true and complete when given. The Distributor further agrees that any written representation or certification it provides to the Client and/or the officers of the Client in support of a certification by them to the SEC pursuant to the Act and/or any rules and regulations issued from time to time thereunder, to its knowledge, will be true and correct and complete when given. This covenant shall survive termination of this Agreement.
