Sarbanes Oxley Act of 2002. There is and has been no failure on the part of the Partnership and, to the Partnership’s knowledge, any of the General Partner’s directors or officers, in their capacities as such, to comply with the provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith.
Sarbanes Oxley Act of 2002. The Company and any of the Company’s directors or officers, in their capacities as such, shall take all actions necessary to comply with any applicable provision of the Sarbanes Oxley Act of 2002 and the rules and regulations promulgated in connection therewith, including Section 402 related to loans and Sections 302 and 906 related to certifications.
Sarbanes Oxley Act of 2002. Notwithstanding anything herein to thx xxxxxxxx, xf the Company determines, in its good faith judgment, that any transfer or deemed transfer of funds hereunder is likely to be construed as a personal loan prohibited by Section 13(k) of the Exchange Act and the rules and regulations promulgated thereunder, then such transfer or deemed transfer shall not be made to the extent necessary or appropriate so as not to violate the Exchange Act and the rules and regulations promulgated thereunder.
Sarbanes Oxley Act of 2002. To thx xxxxxx xxxxxtted by applicable law and the rules of the Securities and Exchange Commission as interpreted by the staff of the Securities and Exchange Commission, the Servicer shall furnish to the Depositor in a timely manner for filing under the Securities Exchange Act of 1934, as amended, the certification required by Section 302 of the Sarbanes-Oxley Act of 2002 in resxxxx xx xxx Xxsuer. Whether or not such certification may be given by the Servicer, the Servicer hereby indemnifies and holds harmless the Depositor against any loss, liability and damages incurred by the Depositor in respect of any certification furnished by it pursuant to such Section 302 of the Sarbanes-Oxley Act of 2002 to the xxxxxx xxxx xoss, liability and damages arises out of or is based on such certification relating to information contained in or omitted from any Investor Report.
Sarbanes Oxley Act of 2002. At the Closing Date, the Partnership and, to the Partnership’s knowledge, the General Partner’s directors or officers, in their capacities as such, will be in compliance with all applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated in connection therewith and the rules of the NYSE (as hereinafter defined) that are effective and applicable to the Partnership as of the Closing Date.
Sarbanes Oxley Act of 2002. The Company is in material compliance wxxx all provisions of the Sarbanes-Oxley Act of 2002 which are applicable to it as xx xxx Xxxxxng Date. The Company and its subsidiaries maintain a system of internal accounting controls sufficient to provide reasonable assurance that (i) transactions are executed in accordance with management's general or specific authorizations, (ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP and to maintain asset accountability, (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 the existing assets at reasonable intervals and appropriate action is taken with respect to any differences. The Company has established disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company and designed such disclosure controls and procedures to ensure that material information relating to the Company, including its subsidiaries, is made known to the certifying officers by others within those entities. The Company's certifying officers have evaluated the effectiveness of the Company's controls and procedures as of the date prior to the filing date , as stated in such report, of the most recently filed periodic report under the Exchange Act (such date, the "Evaluation Date"). The Company presented in its most recently filed periodic report under the Exchange Act the conclusions of the certifying officers about the effectiveness of the Company's disclosure controls and procedures based on their evaluations as of the Evaluation Date. Since the Evaluation Date, there have been no significant changes in the Company's disclosure controls or procedures or internal controls over financial reporting (as such term is defined in Exchange Act Rule 13(a)-15(f)) or, to the Company's knowledge, in other factors that could significantly affect the Company's internal controls. (u)
Sarbanes Oxley Act of 2002. To the extent permitted by applicable lxx xxx xxx xxxes of the Securities and Exchange Commission as interpreted by the staff of the Securities and Exchange Commission, the Servicer shall furnish to the [Depositor] [Indenture Trustee] in a timely manner for filing under the Securities Exchange Act of 1934, as amended, the certification required by Section 302 of the Sarbanes-Oxley Act of 2002 in respect of any securitization of the Xxxxxxxxxxx; xrovided that such certification shall only relate to the Servicing Report. Whether or not such certification may be given by the Servicer, the Servicer hereby indemnifies and holds harmless the [Depositor] and [Indenture Trustee] against any loss, liability and damages incurred by the [Depositor] [Indenture Trustee] in respect of any certification furnished by it pursuant to such Section 302 of the Sarbanes-Oxley Act of 2002 to the extent such loss, liability and dxxxxxx xxxxxx out of or is based on such certification relating to information contained in or omitted from any Servicer Report.
Sarbanes Oxley Act of 2002. There has been no failure on the part of the Trust to comply in all material respects with all applicable and effective provisions of the Sarbanes—Oxley Act of 2002 and the rules and regulations promulgated in connection therewith. At each of the Closing Date and the Additional Closing Date, if any, the Trust will be in compliance in all material respects with all applicable provisions of the Sarbanes—Oxley Act of 2002, the rules and regulations promulgated therewith and the rules of the NYSE that are effective and applicable to the Trust.
Sarbanes Oxley Act of 2002. There has been no failure on the part of the Company or any of members of its management team, in their capacities as such, to comply in all material respects with all applicable and effective provisions of the Sarbanes—Oxley Act of 2002 and the rules and regulations promulgated in connection therewith. At each of the Closing Date and the Additional Closing Date, the Company will be in compliance in all material respects with all applicable provisions of the Sarbanes—Oxley Act of 2002, the rules and regulations promulgated therewith and the rules of the NYSE that are effective and applicable to the Company.
Sarbanes Oxley Act of 2002. The Company has complied in all material respects with the currently applicable requirements of the Xxxxxxxx-Xxxxx Act of 2002.
