Common use of Absence of Certain Commercial Practices Clause in Contracts

Absence of Certain Commercial Practices. To the best of Seller's knowledge, neither Seller nor any officer, director, employee or agent of Seller (or any Person acting on behalf of any of the foregoing), has directly or indirectly, in connection with the Business (i) given or agreed to give any gift or similar benefit or more than nominal value on behalf of Seller to any customer, supplier, employee or official of any Governmental Authority (domestic or foreign), to induce the recipient or his employer to do business, grant favorable treatment or compromise or forego any claim, (ii) made any significant payment which might be improper under prevailing law (regardless of the jurisdiction in which such payment was made) to promote or retain sales or to help, procure or maintain good relations with suppliers, (iii) engaged in any activity which constitutes a violation of the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations promulgated thereunder, (iv) engaged in any practice violating any law prohibiting compliance with an unsanctioned foreign boycott, (v) established or maintained any unrecorded or illegal corporate fund or account or assets, (vi) made false or fictitious entries on the books or records of Seller, or (vii) failed to perform its obligations in any material respect under any Contract with, or violated in any material respect any federal law known to Seller in its dealings with, the Federal government or any agency or department thereof, including, but not limited to, any law with respect to conspiracy to defraud, false claims, conspiracy to defraud the United States, embezzlement or theft of public money, fraud and false statements, false demands against the United States, mail fraud, wire fraud, RICO, and truth in negotiations.

Absence of Certain Commercial Practices. To the best of Seller's knowledge, neither Seller nor the Company nor any officer, director, employee or agent of Seller the Company (or any Person associated with or acting on behalf of any of the foregoing), ) has directly or indirectly, in connection with the Business indirectly (i) given or agreed to give any gift gift, contribution, bribe, rebate, payoff, influence payment, kickback or similar other payment or benefit or more than nominal value on behalf of Seller the Company to any customer, supplier, employee or official of any Governmental Authority (domestic or foreign), ) to induce the recipient or his employer to do businessbusiness with, grant favorable treatment or special considerations to, or compromise or forego any claimclaim against, the Company, (ii) made any significant payment which might be improper under prevailing law (regardless of the jurisdiction in which such payment was made) to promote or retain sales or to help, procure or maintain good relations with suppliers, (iii) engaged in any activity which constitutes a violation of the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations promulgated thereunder, (iv) engaged in any practice violating any law prohibiting compliance with an unsanctioned foreign boycott, (v) established or maintained any unrecorded or illegal corporate fund or account or assetsasset, (viv) made any false or fictitious entries on the books or records of Sellerthe Company, (vi) engaged in any practice violating any law or permitting compliance with an unsanctioned foreign boycott or (vii) failed to perform its obligations in any material respect under any Contract with, or violated in any material respect any federal law known to Seller the Company in its dealings with, the Federal government or any agency or department thereofGovernmental Authority, including, but not limited to, any law with respect to conspiracy to defraud, false claims, conspiracy to defraud the United States, embezzlement or theft of public money, fraud and false statements, false demands against the United States, mail fraud, wire fraud, RICO, and truth in negotiations.

Absence of Certain Commercial Practices. To the best of SellerPurchaser's knowledge, neither Seller Purchaser nor any officer, director, employee or agent of Seller Purchaser (or any Person associated with or acting on behalf of any of the foregoing), ) has directly or indirectly, in connection with the Business indirectly (i) given or agreed to give any gift gift, contribution, bribe, rebate, payoff, influence payment, kickback or similar other payment or benefit or more than nominal value on behalf of Seller Purchaser to any customer, supplier, employee or official of any Governmental Authority (domestic or foreign), ) to induce the recipient or his employer to do businessbusiness with, grant favorable treatment or special considerations to, or compromise or forego any claimclaim against, Purchaser, (ii) made any significant payment which might be improper under prevailing law (regardless of the jurisdiction in which such payment was made) to promote or retain sales or to help, procure or maintain good relations with suppliers, (iii) engaged in any activity which constitutes a violation of the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations promulgated thereunder, (iv) engaged in any practice violating any law prohibiting compliance with an unsanctioned foreign boycott, (v) established or maintained any unrecorded or illegal corporate fund or account or assetsasset, (viv) made any false or fictitious entries on the books or records of SellerPurchaser, (vi) engaged in any practice violating any law or permitting compliance with an unsanctioned foreign boycott or (vii) failed to perform its obligations in any material respect under any Contract with, or violated in any material respect any federal law known to Seller Purchaser in its dealings with, the Federal government or any agency or department thereofGovernmental Authority, including, but not limited to, any law with respect to conspiracy to defraud, false claims, conspiracy to defraud the United States, embezzlement or theft of public money, fraud and false statements, false demands against the United States, mail fraud, wire fraud, RICO, and truth in negotiations.

Absence of Certain Commercial Practices. To the best knowledge of Seller and each Seller Principal, none of Seller's knowledge, neither either Seller Principal nor any other officer, director, shareholder, employee or agent of Seller (or any Person associated with or acting on behalf of any of the foregoing), ) has directly or indirectly, in connection with the Business indirectly (i) given or agreed to give any gift gift, contribution, bribe, rebate, payoff, influence payment, kickback or similar other payment or benefit or more than nominal value on behalf of Seller to any customer, supplier, employee or official of any Governmental Authority (domestic or foreign), ) to induce the recipient or his employer to do businessbusiness with, grant favorable treatment or special considerations to, or compromise or forego any claimclaim against, Seller, (ii) made any significant payment which might be improper under prevailing law (regardless of the jurisdiction in which such payment was made) to promote or retain sales or to help, procure or maintain good relations with suppliers, (iii) engaged in any activity which constitutes a violation of the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations promulgated thereunder, (iv) engaged in any practice violating any law prohibiting compliance with an unsanctioned foreign boycott, (v) established or maintained any unrecorded or illegal corporate fund or account or assetsasset, (viv) made any false or fictitious entries on the books or records of Seller, (vi) engaged in any practice violating any law or permitting compliance with an unsanctioned foreign boycott, or (vii) failed to perform its obligations in any material respect under any Contract with, or violated in any material respect any federal law known to Seller in its dealings with, the Federal government or any agency or department thereofGovernmental Authority, including, but not limited to, any law with respect to conspiracy to defraud, false claims, conspiracy to defraud the United States, embezzlement or theft of public money, fraud and false statements, false demands against the United States, mail fraud, wire fraud, RICO, and truth in negotiations.

Absence of Certain Commercial Practices. To Neither the best of SellerCompany and its Subsidiaries nor, to the Company's knowledge, neither Seller nor any officer, director, employee or agent of Seller the Company or the Subsidiaries (or any Person person acting on behalf of any of the foregoing), has directly or indirectly, in connection with the Business (i) given or agreed to give any gift or similar benefit or of more than nominal value on behalf of Seller the Company or any Subsidiary to any customer, supplier, employee or official of any Governmental Authority governmental authority (domestic or foreign), to induce the recipient or his employer to do business, grant favorable treatment or compromise or forego any claim, (ii) made any significant payment which might be improper is illegal under prevailing law (regardless of the jurisdiction in which such payment was made) to promote or retain sales or to help, procure or maintain good relations with suppliers, (iii) engaged in any activity which constitutes a violation of the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations promulgated thereunder, (iv) engaged in any practice violating any United States federal law prohibiting compliance with an unsanctioned foreign boycott, boycott or (v) established or maintained any unrecorded or illegal corporate fund or account or assets, (vi) made false or fictitious entries on the books or records of Seller, or (vii) failed to perform its obligations in any material respect under any Contract contract with, or violated in any material respect any federal law known to Seller the Company in its dealings with, the Federal federal government or any agency or department thereof, including, but not limited to, any law with respect to conspiracy to defraud, false claims, conspiracy to defraud the United States, embezzlement or theft of public money, fraud and false statements, false demands against the United States, mail fraud, wire fraud, RICO, and truth in negotiations, which failure or violation would have a Material Adverse Effect. No such gift or benefit is required in connection with the operations of the Company or the Subsidiaries or their businesses to avoid any fine, penalty, cost, expense or adverse change in the business, assets, properties, operations or financial condition of the Company and its Subsidiaries which would have a Material Adverse Effect.