Common use of Prohibited Person Clause in Contracts

Prohibited Person. (i) None of the funds or other assets of Guarantor constitute property of, or are, to Guarantor’s knowledge, beneficially owned, directly or indirectly, by a Prohibited Person (as defined in the Repurchase Agreement) with the result that the investment in Guarantor (whether directly or indirectly), is prohibited by law or the entering into the Repurchase Agreement or acceptance of this Guaranty by Buyer is in violation of law; (ii) to Guarantor’s knowledge, no Prohibited Person has any interest of any nature whatsoever in Guarantor with the result that the investment in Guarantor (whether directly or indirectly), is prohibited by law or the entering into this Guaranty is in violation of law; (iii) to Guarantor’s knowledge, none of the funds of Guarantor have been derived from any unlawful activity with the result that the investment in Guarantor (whether directly or indirectly), is prohibited by law or the entering into this Guaranty is in violation of law; (iv) to Guarantor’s knowledge, Guarantor has not conducted and will not conduct any business and has not engaged and will not engage in any transaction dealing with any Prohibited Person; and (v) Guarantor is not a Prohibited Person and has not been convicted of a felony or a crime which if prosecuted under the laws of the United States of America would be a felony.

Appears in 6 contracts

Samples: Guaranty (Cim Real Estate Finance Trust, Inc.), Guaranty (Claros Mortgage Trust, Inc.), Guaranty (Seven Hills Realty Trust)

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Prohibited Person. At all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (ia) None none of the funds or other assets of Borrower, Principal and Guarantor constitute property of, or are, to Guarantor’s knowledge, are beneficially owned, directly or indirectly, by a Prohibited Person (as defined in the Repurchase Agreement) with the result that the investment in Guarantor Borrower, Principal or Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the entering into the Repurchase Agreement or acceptance of this Guaranty Loan made by Buyer Lender is in violation of law; (iia) to Guarantor’s knowledge, no Prohibited Person has any interest of any nature whatsoever in Guarantor Borrower, Principal or Guarantor, as applicable, with the result that the investment in Guarantor Borrower, Principal or Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the entering into this Guaranty Loan is in violation of law; (iiic) to Guarantor’s knowledge, none of the funds of Guarantor Borrower, Principal or Guarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Guarantor Borrower, Principal or Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the entering into this Guaranty Loan is in violation of law; (ivd) none of Borrower, Principal or Guarantor or any of their Affiliates, to GuarantorBorrower’s knowledgeknowledge after due inquiry, Guarantor has not conducted and or will not conduct any business and or has not engaged and or will not engage in any transaction dealing with any Prohibited Person; and (ve) none of Borrower, Principal or Guarantor is not a Prohibited Person and or has not been convicted of or a felony or a crime which if prosecuted under the laws of the United States of America would be a felony.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Prohibited Person. (ia) None of the funds or other assets of Seller or Guarantor constitute property of, or are, to Guarantor’s knowledgethe knowledge of Seller, beneficially owned, directly or indirectly, by a Prohibited Person (as defined in the Repurchase Agreement) with the result such that the investment in Guarantor Seller or Guarantor, as applicable (whether directly or indirectly), is prohibited by law Sanctions Laws or the entering into the Repurchase this Agreement or acceptance of this Guaranty by Buyer is in violation of lawSanctions Laws; (iib) to Guarantor’s knowledgethe knowledge of Seller, no Prohibited Person has any interest of any nature whatsoever in Guarantor with the result Seller or Guarantor, as applicable, such that the investment in Guarantor Seller or Guarantor, as applicable (whether directly or indirectly), is prohibited by law Sanctions Laws or the entering into this Guaranty Agreement is in violation of lawSanctions Laws; (iiic) to Guarantor’s knowledgethe knowledge of Seller, none of the funds of Guarantor Seller or Guarantor, as applicable, have been derived from any unlawful activity with the result such that the investment in Guarantor Seller or Guarantor, as applicable (whether directly or indirectly), is prohibited by law Sanctions Laws or the entering into this Guaranty Agreement is in violation of lawSanctions Laws; (ivd) to Guarantor’s knowledgethe knowledge of Seller, neither Seller nor Guarantor has not conducted and or will not conduct any business and or has not engaged and or will not engage in any transaction or dealing with any Prohibited Person; and (ve) neither Seller nor Guarantor is not a Prohibited Person and or has not been convicted of a crime under Sanctions Laws which is a felony or a crime which or, if prosecuted under the laws of the United States of America America, would be a felony.

Appears in 1 contract

Samples: Master Repurchase Agreement (Colony Credit Real Estate, Inc.)

Prohibited Person. At all times throughout the term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (ia) None none of the funds or other assets of Borrowers, Principal and Guarantor constitute property of, or are, to Guarantor’s knowledge, are beneficially owned, directly or indirectly, by a Prohibited Person (as defined in the Repurchase Agreement) with the result that the investment in Guarantor Borrowers, Principal or Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the entering into the Repurchase Agreement or acceptance of this Guaranty Loan made by Buyer Lender is in violation of law; (iib) to Guarantor’s knowledge, no Prohibited Person has any interest of any nature whatsoever in Guarantor Borrower, Principal or Guarantor, as applicable, with the result that the investment in Guarantor Borrowers, Principal or Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the entering into this Guaranty Loan is in violation of law; (iiic) to Guarantor’s knowledge, none of the funds of Guarantor Borrower, Principal or Guarantor, as applicable, have been derived from any unlawful activity with the result that the investment in Guarantor Borrowers, Principal or Guarantor, as applicable (whether directly or indirectly), is prohibited by law or the entering into this Guaranty Loan is in violation of law; (ivd) none of the Borrowers, Principal or Guarantor or any of their Affiliates, to Guarantor’s knowledgeBorrowers' knowledge after due inquiry, Guarantor has not have conducted and or will not conduct any business and or has not engaged and or will not engage in any transaction dealing with any Prohibited Person; and (ve) none of the Borrowers, Principal or Guarantor is not a Prohibited Person and or has not been convicted of or a felony or a crime which if prosecuted under the laws of the United States of America would be a felony.; provided, however, to the extent any representation contained in this Section 4.1.35 relates to NSHE, such representation is made to the best knowledge of Borrower..

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

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Prohibited Person. (i) None of the funds or other assets of Guarantor constitute property of, or are, to Guarantor’s knowledgeKnowledge, beneficially owned, directly or indirectly, by a Prohibited Person (as defined in the Repurchase Agreement) with the result that the investment in Guarantor (whether directly or indirectly), is prohibited by law or the entering into the Repurchase Agreement or acceptance of this Guaranty by Buyer is in violation of law; (ii) to Guarantor’s knowledgeKnowledge, no Prohibited Person has any interest of any nature whatsoever in Guarantor with the result that the investment in Guarantor (whether directly or indirectly), is prohibited by law or the entering into this Guaranty is in violation of law; (iii) to Guarantor’s knowledgeKnowledge, none of the funds of Guarantor have been derived from any unlawful activity with the result that the investment in Guarantor (whether directly or indirectly), is prohibited by law or the entering into this Guaranty is in violation of law; (iv) to Guarantor’s knowledgeKnowledge, Guarantor has not conducted and will not conduct any business and has not engaged and will not engage in any transaction dealing with any Prohibited Person; and (v) Guarantor is not a Prohibited Person and has not been convicted of a felony or a crime which if prosecuted under the laws of the United States of America would be a felony.

Appears in 1 contract

Samples: Member Guaranty (Blackstone Mortgage Trust, Inc.)

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