SEC Investigation Sample Clauses
The SEC Investigation clause outlines the procedures and obligations of parties in the event that the U.S. Securities and Exchange Commission (SEC) initiates an investigation related to the agreement or the parties' conduct. Typically, this clause requires the parties to promptly notify each other if they become aware of an SEC inquiry, to cooperate with any requests for information, and to maintain confidentiality regarding the investigation. Its core function is to ensure transparency and cooperation between parties during regulatory scrutiny, thereby minimizing legal risks and facilitating a coordinated response to government investigations.
POPULAR SAMPLE Copied 1 times
SEC Investigation. Promptly, and in any event within five Business Days after receipt thereof by the Company or any Subsidiary thereof, copies of each notice or other correspondence received from the SEC (or comparable agency in any applicable non-U.S. jurisdiction) concerning any investigation or possible investigation or other inquiry by such agency regarding financial or other operational results of the Company or any Subsidiary thereof;
SEC Investigation. On July 24, 2008, the Company received a letter from the U.S. Securities and Exchange Commission Division of Enforcement (“SEC”) stating that the SEC was conducting an informal inquiry into accounting matters related to ArthroCare Corporation arising out of the Company’s announced restatement of financial results. On February 9, 2009, the SEC issued a formal order of investigation.
SEC Investigation. The staff of the SEC is in the process of conducting a formal investigation involving Parent. The Formal Order of Investigation indicates that the staff is investigating certain registration statements filed by Parent in 2002 and 2003 by which shares of Parent Common Stock were issued to consultants. The staff also appears to be investigating whether officers, directors and others made misrepresentations in certain of Parent's press releases regarding planned mergers and acquisitions that were never consummated. The investigation is ongoing. The staff has not indicated whether it will or will not recommend that the Commission file an enforcement action against Parent, it officers or directors, or others. If the SEC brings an action against Parent based on the registration statements it could result in a civil injunctive order or administrative cease and desist order being entered against Parent in addition to the imposition of a significant civil penalty. If the Commission brings an action based on alleged material misrepresentations, it could result in civil injunctions and civil penalties being assessed against Parent or persons formerly or currently affiliated with it that are alleged to have been involved in the misrepresentations.
SEC Investigation. The Company has received a subpoena issued pursuant to a formal order of investigation by the United States Securities and Exchange Commission, dated January 28, 2014. The subpoena seeks documents about, among other subject matters, the progress at its Columbus, Mississippi facility and the timing of projected biofuel production levels. The Company’s document production in response to the subpoena is ongoing.
SEC Investigation. The Lender shall be satisfied with its due diligence with respect to the SEC Investigation and the potential maximum liability (contingent or otherwise) arising from such SEC Investigation.
SEC Investigation. In July 2017, Borrower learned that the United States Securities and Exchange Commission (“SEC”) issued a Formal Order of Investigation to investigate, among other things, events surrounding the Nellix EVAS System and the prospect of its FDA pre-market approval. Borrower is fully cooperating with the investigation. Borrower continues to produce materials responsive to the SEC’s subpoenas.
SEC Investigation. CellStar shall use reasonable best efforts to keep Buyer apprised of the status of the SEC Investigation, to provide copies and correspondence to and from the SEC staff, and to promptly advise Buyer of any material event, change, circumstance or development relating to or arising from the SEC Investigation.
SEC Investigation. Tek and Merger Sub shall be satisfied, in their sole discretion, with the results of their due diligence investigation of (i) the existing formal private investigation being made by the SEC of DSNC which has been disclosed by DSNC in its SEC Filings and (ii) the consolidated class action suit filed against DSNC, and other parties, which has been disclosed by DSNC in its SEC filings.
SEC Investigation. Reference is made to the investigation conducted by the Securities and Exchange Commission (“SEC”) related to the advertising and sale of securities by NNN Holdings in connection with its registered offering, as further described in Note 10 of Notes to Consolidated Financial Statements of NNN Holdings’ September 30, 2018 Form 10-Q (the “SEC Investigation”). Borrower represents, warrants and covenants that the SEC Investigation has been settled and terminated with respect to Borrower pursuant to the terms described in NNN Holdings’ Form 8-K filed with the Securities and Exchange Commission on September 26, 2019 (the “SEC Settlement”) and that such terms include the temporary suspension of the sale of shares of NNN Holdings and Brix REIT (the “Suspended Share Sales”). Borrower shall promptly notify Lender, in writing, of all material new developments related to the SEC Settlement, and shall provide Lender with written updates of the status of the SEC Settlement (including such information and copies of filings, correspondence, pleadings and other documents as Lender shall request in Lender’s Good Faith Business Judgment) from time to time as Lender shall request in Lender’s Good Faith Business Judgment. Any breach of, default under or other failure to comply with the terms of the SEC Settlement shall constitute an Event of Default under this Loan Agreement. If the Suspended Share Sales are not re-opened for sale, through a FINRA-licensed broker dealer and in accordance with SEC requirements, on or before December 31, 2019, such failure to be re-opened for sale shall not constitute an Event of Default under this Loan Agreement but shall constitute a “Resolution Failure Trigger Event” (as used above with respect to the Triggered Guaranties). If the Suspended Share Sales are not re-opened for sale, through a FINRA-licensed broker dealer and in accordance with SEC requirements, on or before January 31, 2020, such failure to be re-opened for sale shall constitute an Event of Default under this Loan Agreement.
SEC Investigation. 49 5.13 Pre-Closing Tax Returns..................................... 49 5.14 Form 8-K Obligations........................................ 50 5.15 Restrictions on Sellers' Liquidation and Dissolution and Other Actions............................................... 50 5.16 Non-Competition and Confidentiality Covenants............... 51