Securities and Exchange Commission Investigation Sample Clauses

Securities and Exchange Commission Investigation. On May 1, 2007, the Borrower received notice that the U.S. Securities and Exchange Commission (the “SEC”) was conducting an informal inquiry to determine whether any person or entity related to the Borrower has violated federal securities laws. On July 23, 2007, the Borrower received a formal order of private investigation issued by the SEC in this matter. In September 2008, the Borrower reached a settlement with the SEC concerning the SEC’s investigation into matters that were the subject of the previous independent investigation by the Borrower’s Audit Committee, as more fully described in the Borrower’s 2007 Form 10-K and other periodic filings. Under the settlement, the Borrower consented, without admitting or denying any wrongdoing, to a cease and desist order requiring future compliance with certain provisions of the federal securities laws and regulations. The settlement did not require the Borrower to pay a monetary penalty and concluded the SEC’s investigation into these matters with respect to the Borrower. In the order, the SEC stated that in determining to accept the settlement, it considered both remediation efforts undertaken by and cooperation from the Borrower. Resolutions of other Governmental Investigations On July 1, 2009, the Borrower announced that it has resolved several previously-disclosed governmental investigations. The Borrower has entered into a deferred prosecution agreement (“DPA”) with the U.S. Attorney’s Office for the Western District of North Carolina (“the U.S. Attorney”) and a settlement agreement with the U.S. Department of Housing and Urban Development (“HUD”) and the civil division of the Department of Justice. In addition, certain of the Borrower’s subsidiaries have entered into a settlement agreement with the North Carolina Real Estate Commission (“NCREC”). Also, as previously disclosed, the Borrower announced that its subsidiary, Beazer Mortgage Corporation (“Beazer Mortgage”), has entered into a settlement agreement with the North Carolina Office of the Commissioner of Banks (“OCOB”), under which Beazer Mortgage consented, without admitting the alleged violations, to the entry of a consent order which provides that Beazer Mortgage will provide approximately $2.5 million in restitution to certain borrowers in respect of the alleged violations. The settlement agreement concludes the OCOB’s investigation into these matters with respect to Beazer Mortgage. Deferred Prosecution Agreement with the U.S. Attorney Under th...
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Securities and Exchange Commission Investigation. The Company has complied in all material respects with all of its obligations under the Final Consent Judgment of Permanent Injunction and Other Relief as to Defendant Symbol Technologies, Inc., dated June 3, 2004 (the "SEC FINAL CONSENT").
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Securities and Exchange Commission Investigation. On November 15, 2012, the Company received a letter from the SEC indicating that the SEC is conducting an investigation. In connection with this investigation, the Company has received subpoenas requesting that the Company produce certain documents relating to, among other things, the Company’s historical financial statements. The Company is cooperating with the SEC’s investigation. The Company cannot predict the outcome of this investigation. This investigation could have a Material Adverse Effect.
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Securities and Exchange Commission Investigation. On November 19, 2013, the Company learned that the Xxxx Xxxxx Xxxxxxxx Xxxxxx xx xxx Xxxxxx Xxxxxx Securities and Exchange Commission (“SEC”) issued subpoenas concerning the Company’s agreements related to its InTouch Sensors. The Company is cooperating fully with the SEC regarding this non-public, fact-finding inquiry. The SEC has informed the Company that this inquiry should not be construed as an indication that any violations of law have occurred or that the SEC has any negative opinion of any person, entity or security. The Company does not intend to comment further on this matter unless and until this matter is closed or further action is taken by the SEC which, in the Company’s judgment, merits further comment or public disclosure. Schedule 3(x) Intellectual Property Rights
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Securities and Exchange Commission Investigation. On July 24, 1997, the Securities and Exchange Commission issued an Order Directing Private Investigation and Designating Officers to Take Testimony, initiating a proceeding captioned IN THE MATTER OF INFORMIX CORPORATION, File No. HO-3308. The Order directs that a private investigation be made with respect to Informix and certain unnamed persons associated with Informix concerning non-specified accounting matters, financial reports and other public disclosures by the Company as well as trading activity in the Company's securities. The Order does not name any individual nor specify an applicable time period. The Company is in the process of producing documents and a number of current and former officers have been subpoenaed to testify before the SEC.
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Securities and Exchange Commission Investigation. On November 19, 2013, the Parent learned that the Xxxx Xxxxx Xxxxxxxx Xxxxxx xx xxx Xxxxxx Xxxxxx Securities and Exchange Commission (“SEC”) issued subpoenas concerning the Buyer’s agreements related to its InTouch Sensors. The Parent is cooperating fully with the SEC regarding this non-public, fact-finding inquiry. The SEC has informed the Parent that this inquiry should not be construed as an indication that any violations of law have occurred or that the SEC has any negative opinion of any person, entity or security. The Parent does not intend to comment further on this matter unless and until this matter is closed or further action is taken by the SEC which, in the Parent’s judgment, merits further comment or public disclosure.
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Securities and Exchange Commission Investigation. On February 28, 2001, the Securities and Exchange Commission ("SEC") served subpoenas Innotrac, Scott D. Dorfman, and two of the Company's then-incumbent directorx, Xxxxxxx X. Xxott, III (former director) and Martin J. Blank, requexxxxx xxxxxxxxx xxx sworn testimony These suxxxxxxx xxxx xxrved in connection with a formal investigation that the Staff of the SEC was conducting concerning the possibility of insider trading in Innotrac's stock during December 1999 and Januaxx 0000. Xxx xxsponses to the subpoenas were filed during the week of March 19, 2001, and the SEC Staff has now taken sworn testimony from Scott D. Dorfman, William H. Scott, III, and Martin J. Blank. Innoxxxx xxx xxx xx coxxxxx xxxx xxx XEC concernixx xxxx xxxxxx since mid-2001.
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Related to Securities and Exchange Commission Investigation

  • Securities and Exchange Commission Filings To the extent permitted by law, the Servicer is authorized to execute and, on the request of the Issuer or the Administrator, will prepare, execute and file, on behalf of the Issuer, any Securities and Exchange Commission filings required to be filed by the Issuer under Section 7.3 of the Indenture.

  • Securities and Exchange Commission The Independent Contractor shall keep and maintain all confidential information in complete secrecy, and shall not use for itself or others, or divulge to others, any knowledge, data or other information relating to any matter which is confidential information relating to the Corporation obtained by the Independent Contractor as a result of its Services, unless authorized in writing by the Corporation in advance of such use or disclosure. All written information made available to the Independent Contractor by the Corporation, which concerns the business activities of the Corporation, shall be the Corporation's property and shall, if requested in writing by the Corporation, be delivered to it on the termination or expiration of this Agreement.

  • Reports to the Securities and Exchange Commission (a) The Trustee and the Servicer shall reasonably cooperate with the Depositor in connection with the Trust's satisfying its reporting requirements under the Exchange Act. Without limiting the generality of the foregoing, the Trustee shall prepare on behalf of the Trust any monthly Current Reports on Form 8-K (each, a "Monthly Form 8-K") and Annual Reports on Form 10-K (each, a "Form 10-K") customary for similar securities as required by the Exchange Act and the rules and regulations of the Securities and Exchange Commission thereunder, and the Trustee shall sign (other than any Form 10-K) and file (via the Securities and Exchange Commission's Electronic Data Gathering and Retrieval System) such forms on behalf of the Trust. The Servicer shall sign any Form 10-K.

  • Reports Filed with Securities and Exchange Commission (a) The Depositor shall prepare or cause to be prepared the initial current report on Form 8-K. Within 15 days after each Distribution Date, the Trustee shall, in accordance with industry standards, file with the Commission via the Electronic Data Gathering and Retrieval System (“XXXXX”), a Form 8-K with a copy of the monthly statement to be furnished by the Trustee to the Certificateholders for such Distribution Date as an exhibit thereto. Prior to January 30 in each year commencing in 2006, the Trustee shall, in accordance with industry standards, file a Form 15 Suspension Notice with respect to the Trust Fund, if applicable. Prior to (i) March 15, 2006 and (ii) unless and until a Form 15 Suspension Notice shall have been filed, prior to March 15 of each year thereafter, the Master Servicer shall provide the Trustee with a Master Servicer Certification, together with a copy of the annual independent accountant’s servicing report and annual statement of compliance to be delivered by the Master Servicer pursuant to Sections 3.13 and 3.14. Prior to (i) March 31, 2006 and (ii) unless and until a Form 15 Suspension Notice shall have been filed, March 31 of each year thereafter, the Trustee shall, subject to subsection (d) below, file a Form 10-K, in substance conforming to industry standards, with respect to the Trust Fund. Such Form 10-K shall include the Master Servicer Certification and other documentation provided by the Master Servicer pursuant to the second preceding sentence and the Form 10-K certification signed by the Depositor. The Depositor hereby grants to the Trustee a limited power of attorney to execute and file each such document on behalf of the Depositor. Such power of attorney shall continue until either the earlier of (i) receipt by the Trustee from the Depositor of written termination of such power of attorney and (ii) the termination of the Trust Fund. The Depositor agrees to promptly furnish to the Trustee, from time to time upon request, such further information, reports and financial statements within its control related to this Agreement, the Mortgage Loans as the Trustee reasonably deems appropriate to prepare and file all necessary reports with the Commission. The Trustee shall have no responsibility to file any items other than those specified in this Section 3.16; provided, however, the Trustee will cooperate with the Depositor in connection with any additional filings with respect to the Trust Fund as the Depositor deems necessary under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Copies of all reports filed by the Trustee under the Exchange Act shall be sent to: the Depositor c/o Bear, Xxxxxxx & Co. Inc., Attn: Managing Director-Analysis and Control, Xxx Xxxxxxxxx Xxxxxx Xxxxx, Xxxxxxxx, Xxx Xxxx 00000 3859. Fees and expenses incurred by the Trustee in connection with this Section 3.16 shall not be reimbursable from the Trust Fund.

  • Securities Exchange Commission Certification The Corporation confirms that as at the date hereof it does not have a class of securities registered pursuant to Section 12 of the U.S. Exchange Act or a reporting obligation pursuant to Section 15(d) of the U.S.

  • CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION OMITTED SECTIONS 1.0 THROUGH 3.2.3 CONSIST OF 1.5

  • Securities Act and Exchange Act The Company will use its best efforts to comply with all requirements imposed upon it by the Securities Act and the Exchange Act as from time to time in force, so far as necessary to permit the continuance of sales of, or dealings in, the Placement Shares as contemplated by the provisions hereof and the Prospectus.

  • Conformity with Securities Act and Exchange Act The Registration Statement, the Prospectus, any Issuer Free Writing Prospectus or any amendment or supplement thereto, and the Incorporated Documents, when such documents were or are filed with the Commission under the Securities Act or the Exchange Act or became or become effective under the Securities Act, as the case may be, conformed or will conform in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable.

  • SEC The term “SEC” or “Commission” means the U.S. Securities and Exchange Commission.

  • Filing of Amendments and Exchange Act Documents So long as this Agreement remains in effect, the Fund will give the Representative notice of its intention to file or prepare any amendment to the Registration Statement or any amendment, supplement or revision to either any Preliminary Prospectus (including any prospectus included in the Registration Statement or any amendment thereto at the time it became effective) or to the Prospectus, and will furnish the Representative with copies of any such documents a reasonable amount of time prior to such proposed filing or use, as the case may be, and will not file or use any such documents to which the Representative or counsel for the Underwriters shall reasonably object. The Fund has given the Representative notice of any filings made pursuant to the 1934 Act or the 1934 Act Regulations within 48 hours prior to the Applicable Time; the Fund will give the Representative notice of its intention to make any such filing from the Applicable Time to the Closing Time and will furnish the Representative with copies of any such documents a reasonable amount of time prior to such proposed filing and will not, unless required by law, file or use any such document to which the Representative or counsel for the Underwriters shall object; provided, however that this covenant shall not apply to any post-effective amendment required by Rule 8b-16 of the 1940 Act which is filed with the Commission after the later of (x) one year from the date of this Agreement or (y) the date on which the distribution of the Shares is completed.

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