Common use of Absence of Certain Business Practices Clause in Contracts

Absence of Certain Business Practices. To the Knowledge of Transferor, none of Transferor, any officer, employee or agent of Transferor, or any other Person acting on their behalf, has, directly or indirectly, within the past five years given or agreed to give any gift or similar benefit to any customer, supplier, governmental employee or other person who was or may be in a position to help or hinder the Business (or assist Transferor in connection with any actual or proposed transaction relating to the Business) (i) which subjected or might have subjected Transferor to any damage or penalty in any civil, criminal or governmental litigation or proceeding, (ii) which if not given in the past, might have had a Material Adverse Effect, (iii) which if not continued in the future, might have a Material Adverse Effect or subject Transferor to suit or penalty in any private or governmental litigation or proceeding, (iv) for any of the purposes described in Section 162(c) of the Code or (v) for the purpose of establishing or maintaining any concealed fund or concealed bank account.

Absence of Certain Business Practices. To Neither the Knowledge of Transferor, none of TransferorSeller, any officer, employee or agent of Transferorthe Seller, or nor any other Person person acting on their behalf, has, directly or indirectly, within the past five years given or agreed to give any gift or similar benefit to any customer, supplier, governmental employee or other person who was is or may be in a position to help or hinder the PFI Business (or assist Transferor the Seller in connection with any actual or proposed transaction relating to the PFI Business) (i) which subjected or might have subjected Transferor the Seller to any damage or penalty in any civil, criminal or governmental litigation or proceeding, (ii) which if not given in the past, might have had a Material Adverse Effect, (iii) which if not continued in the future, might have a Material Adverse Effect or subject Transferor the Seller to suit or penalty in any private or governmental litigation or proceeding, (iv) for any of the purposes described in Section 162(c) of the Code or (v) for the purpose of establishing or maintaining any concealed fund or concealed bank account. No individuals that are or have been debarred by the FDA are involved in any way, whether directly or indirectly, in the business of the Seller.

Absence of Certain Business Practices. To the Knowledge Seller’s Knowledge, neither Seller nor any of Transferorits officers, none of Transferor, any officer, employee employees or agent of Transferoragents, or any other Person person acting on their behalf, has, directly or indirectly, within the past five years (5) years, given or agreed to give any gift or similar benefit to any customer, supplier, governmental employee or other person who was is or may be in a position to help or hinder the Business (or assist Transferor Seller in connection with any actual or proposed transaction relating to the Business) (i) which subjected or might have subjected Transferor Seller to any damage or penalty in any civil, criminal or governmental litigation or proceeding, (ii) which if not given in the past, might have had a Material Adverse Effect, (iii) which if not continued in the future, might have a Material Adverse Effect or subject Transferor Seller to suit or penalty in any private or governmental litigation or proceeding, (iv) for any of the purposes described in or equivalent to Section 162(c) of the Code or (v) for the purpose of establishing or maintaining any concealed fund or concealed bank account.

Absence of Certain Business Practices. To the Knowledge None of TransferorSellers nor any of its respective officers, none of Transferor, any officer, employee employees or agent of Transferoragents, or any other Person person acting on their behalf, has, directly or indirectly, within the past five (5) years given or agreed to give any gift or similar benefit to any customer, supplier, governmental employee or other person who was is or may be in a position to help or hinder the Business (or assist Transferor any Seller in connection with any actual or proposed transaction relating to the Business) (ia) which subjected or might have subjected Transferor any Seller to any damage or penalty in any civil, criminal or governmental litigation or proceeding, (iib) which if not given in the past, might would have had a Material Adverse Effect, (iiic) which if not continued in the future, might would have a Material Adverse Effect or subject Transferor any Seller to suit or penalty in any private or governmental litigation or proceeding, (ivd) for any of the purposes described in Section 162(c) of the Code or (ve) for the purpose of establishing or maintaining any concealed fund or concealed bank account.

Absence of Certain Business Practices. To the Knowledge best of Transferorits knowledge after due inquiry, none of Transferorneither Acme, any officer, employee or agent of TransferorAcme, or any other Person person acting on their behalf, has, directly or indirectly, within the past five years given or agreed to give any gift or similar benefit to any customer, supplier, governmental employee or other person who was is or may be in a position to help or hinder the Business (or assist Transferor Acme in connection with any actual or proposed transaction relating to the Business) (i) which subjected or might have subjected Transferor Acme to any damage or penalty in any civil, criminal or governmental litigation or proceeding, (ii) which if not given in the past, might have had a Material Adverse Effectmaterial adverse effect, (iii) which if not continued in the future, might have a Material Adverse Effect material adverse effect or subject Transferor Acme to suit or penalty in any private or governmental litigation or proceeding, (iv) for any of the purposes described in Section 162(c) of the Code or (v) for the purpose of establishing or maintaining any concealed fund or concealed bank account.