Securities Exchange Act of 1934 Sample Clauses

Securities Exchange Act of 1934. The term "
Securities Exchange Act of 1934. The term "Securities Exchange Act of 1934" shall mean the United States Securities Exchange Act of 1934, as from time to time amended.
Securities Exchange Act of 1934. The term
Securities Exchange Act of 1934. The Company has filed all ------------------------------- reports it has been required to file under the Securities Exchange Act of 1934, as amended (the "1934 Act"), and the rules and regulations of the Commission thereunder; such reports when filed conformed in all material respects to the requirements of the Exchange Act; and none of such reports contained an untrue statement of a material fact or omitted to state a material fact required to be stated therein to make the statements therein, in light of the circumstances under which they were made, not misleading.
Securities Exchange Act of 1934. KTI has previously furnished the Seller with true and complete copies of (i) the KTI 1998 Annual Report (the "KTI 1998 Annual Report"), as filed with the Securities and Exchange Commission (the "Commission"), (ii) the annual report to shareholders of KTI for the year ended December 31, 1997, (iii) the KTI Quarterly Report on Form 10-Q for the quarter ended March 31, 1998 (the "KTI Quarterly Report"), (iv) all of its Current Reports on Form 8-K filed subsequent to December 31, 1997, and (v) proxy statements relating to all meetings of its stockholders (whether annual or special) since December 31, 1997 (collectively, the "KTI SEC Filings"). As of their respective dates, the KTI SEC Filings did not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. The audited financial statements and unaudited interim financial statements of KTI included or incorporated by reference in the KTI 1998 Annual Report and the KTI Quarterly Report, respectively, have been prepared in accordance with generally accepted accounting principles applied on a consistent basis (except as may be indicated therein or in the notes thereto) and fairly present the financial position of KTI and its subsidiaries as at the dates thereof and the results of their operations and changes in financial position for the periods then ended.
Securities Exchange Act of 1934. After the initial public offering of the Common Stock, CMS NOMECO shall at all times timely file such information, documents and reports as the SEC may require or prescribe under the Securities Exchange Act of 1934 (the "Exchange Act") and shall provide CMS Enterprises with two copies of each thereof. CMS NOMECO shall, whenever requested by CMS Enterprises, notify CMS Enterprises in writing whether CMS NOMECO has, as of the date specified by CMS Enterprises, complied with the Exchange Act reporting requirements to which it is subject for such period to such date as shall be specified by CMS Enterprises. CMS NOMECO acknowledges and agrees that one of the purposes of the requirements contained in this Section 8(f) is to enable CMS Enterprises to comply with the current public information requirements contained in Paragraph (c) of Rule 144 under the Act (or any corresponding rule hereafter in effect) should CMS Enterprises ever wish to dispose of any Securities without registration under the Act in reliance upon Rule 144. In addition, CMS NOMECO shall take such other measures and file such other information, documents and reports as shall hereafter be required by the SEC as a condition to the availability of Rule 144. CMS NOMECO covenants, represents and warrants that all such information, documents and reports filed with the SEC shall not contain any untrue statement of a material fact or fail to state therein a material fact required to be stated therein or necessary to make the statements contained therein not misleading, and CMS NOMECO shall indemnify and hold CMS Enterprises, its officers and directors and each broker, dealer, underwriter or other person acting for CMS Enterprises (and any controlling person of any of the foregoing) harmless from and against any and all claims, liabilities, losses, damages, expenses and judgments and shall promptly reimburse them, as and when incurred, for any legal or other expenses incurred by them in connection with investigating any claims and defending any actions insofar as such claims, liabilities, losses, damages expenses and judgments arise out of or based upon any breach of the foregoing covenants, representations or warranties. The procedure for indemnification set forth in Section 4(c) hereof shall apply to the indemnification provided under this Section 8(f).
Securities Exchange Act of 1934. Within 15 days after each Payment Date, the Master Servicer shall, on behalf of the Issuer, file with the Commission via the Electronic Data Gathering and Retrieval System (EDGAR), a report on Form 10-D prepared in accordance with Regulation AB and the instructions to Form 10-D with respect to the Trust, with a copy of the Investor Report for such Payment Date as an exhibit thereto. Prior to March 30, 200 [_] (and, if applicable, prior to March 30 of each subsequent year), the Master Servicer shall, on behalf of the Issuer, file with the Commission via EDGAR a report on Form 10-K (including all required exhibits) prepared in accordance with Regulation AB and the instructions to Form 10-K with respect to the Trust. In addition, the Master Servicer will cause its senior officer in charge of securitization to execute the Form 10-K and the Section 302 ABS certification required pursuant to Regulation AB and Rules 13a-18 and 15d-18 under the Exchange Act, in the form attached hereto as Appendix B (the "Form 10-K Certification") and to file the same with the Commission prior to March 30, 200[_] (and, if applicable, prior to March 30 of each subsequent year). To the extent any information or exhibits required to be included in a report on Form 10-D or Form 10-K are not timely received by the Master Servicer, the Master Servicer shall, on behalf of the Trust, file, as applicable and in accordance with the instructions and the rules under the Exchange Act with respect thereto, a Form 12b-25 and one or more amended reports on Form 10-D or Form 10-K as appropriate, after consultation with the Depositor. Promptly following the first date legally permissible under applicable regulations and interpretations of the Commission, the Master Servicer shall, on behalf of the Trust and in accordance with industry standards, file with the Commission via EDGAR a Form 15 Suspension Notification with respect to the Trust, if applicable. The Master Servicer shall indemnify and hold harmless the Depositor, the Issuer, the Indenture Trustee, the Securities Administrator and their respective officers, directors and Affiliates from and against any losses, damages, penalties, fines, forfeitures, reasonable and necessary legal fees and related costs, judgments and other costs and expenses arising out of or based upon a breach of the Master Servicer's obligations under this Section 3.14 or the Master Servicer's negligence, bad faith or willful misconduct in connection therewith.
Securities Exchange Act of 1934. The Company shall at all times timely file such information, documents and reports as the SEC may require or prescribe under the Securities Exchange Act of 1934 (the "Exchange Act") and shall provide the Shareholder with two copies of each thereof or any other communication with or from the SEC. The Company shall, whenever requested by the Shareholder, notify the Shareholder in writing whether the Company has, as of the date specified by the Shareholder, complied with the Exchange Act reporting requirements to which it is subject for such period to such date as shall be specified by the Shareholder. The Company acknowledges and agrees that one of the purposes of the requirements contained in this Section 7(f) is to enable the Shareholder to comply with the current public information requirements contained in Paragraph (c) of Rule 144 under the Act (or any corresponding rule hereafter in effect) should the Shareholder ever wish to dispose of any Securities without registration under the Act in reliance upon Rule 144.