Common use of Absence of Certain Payments Clause in Contracts

Absence of Certain Payments. During the five (5) year period prior to the date of this Agreement, to the Knowledge of PCC, none of the Asset Sale Companies have (nor has any director, officer, agent, or employee of any Asset Sale Company nor any other person, acting on behalf of any Asset Sale Company) directly or indirectly: used any of such company's funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns from such company's funds; violated any provision of the Foreign Corrupt Practices Act of 1977 applicable to such company; established or maintained any unlawful or unrecorded fund of such company's monies or other assets; made any false or fictitious entry on the books or records of such company; or made any bribe, rebate, payoff, influence payment, kickback, or other unlawful payment, to any person or entity, private or public, regardless of form, whether in money, property, or services, to obtain favorable treatment in securing business or to obtain special concessions for such company, or to pay for favorable treatment for business secured or for special concessions already obtained for such company.

Absence of Certain Payments. During the five (5) year period prior to the date of this Agreement, to the Knowledge of PCC, none of the Asset Sale Companies have has (nor has any director, officer, agent, or employee of any Asset Sale Company nor any other person, acting on behalf of any Asset Sale Company) directly or indirectly: used any of such company's funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns from such company's funds; violated any provision of the Foreign Corrupt Practices Act of 1977 applicable to such company; established or maintained any unlawful or unrecorded fund of such company's monies or other assets; made any false or fictitious entry on the books or records of such company; or made any bribe, rebate, payoff, influence payment, kickback, or other unlawful payment, to any person or entity, private or public, regardless of form, whether in money, property, or services, to obtain favorable treatment in securing business or to obtain special concessions for such company, or to pay for favorable treatment for business secured or for special concessions already obtained for such company.

Absence of Certain Payments. During the five (5) year period prior to the date of this Agreement, to the Knowledge of PCC, none of neither the Asset Sale Companies have Company nor DTA has (nor has any director, officer, agent, or employee of any the Asset Sale Company or DTA nor any other person, acting on behalf of any the Asset Sale CompanyCompany or DTA) directly or indirectly: used any of such company's funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns from such company's funds; violated any provision of the Foreign Corrupt Practices Act of 1977 applicable to such company; established or maintained any unlawful or unrecorded fund of such company's monies or other assets; made any false or fictitious entry on the books or records of such company; or made any bribe, rebate, payoff, influence payment, kickback, or other unlawful payment, to any person or entity, private or public, regardless of form, whether in money, property, or services, to obtain favorable treatment in securing business or to obtain special concessions for such company, or to pay for favorable treatment for business secured or for special concessions already obtained for such company.

Absence of Certain Payments. During the five (5) year period prior to the date of this Agreement, to the Knowledge of PCCeach Seller, none of the Asset Sale Companies have no Seller has (nor has any director, partner, officer, agent, or employee of any Asset Sale Company nor any other person, acting on behalf of any Asset Sale CompanySeller) directly or indirectly: indirectly (a) used any of such companySeller's funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns from such companySeller's funds; (c) violated any provision of the Foreign Corrupt Practices Act of 1977 applicable to such companySeller; (d) established or maintained any unlawful or unrecorded fund of such companySeller's monies or other assets; (e) made any false or fictitious entry on the books or records of such companySeller; or (f) made any bribe, rebate, payoff, influence payment, kickback, or other unlawful payment, to any person Person or entity, private or public, regardless of form, whether in money, property, or services, to obtain favorable treatment in securing business or to obtain special concessions for such companySeller, or to pay for favorable treatment for business secured or for special concessions already obtained for such companySeller.

Absence of Certain Payments. During the five (5) year period prior to the date of this Agreement, to the Knowledge of PCCSellers, none of the Asset Sale Companies have (no Subject Company nor has any director, officer, manager, agent, or employee of any Asset Sale Company nor any other person, acting on behalf of any Asset Sale Company) the Subject Companies has directly or indirectly: indirectly (i) used any of such company's the funds of the Subject Companies for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns from such company's fundsthe funds of the Subject Companies; (iii) violated any provision of the Foreign Corrupt Practices Act of 1977 applicable to such companythe Subject Companies; (iv) established or maintained any unlawful or unrecorded fund of such company's monies or other assetsassets of the Subject Companies; (v) made any false or fictitious entry on the books or records of such companythe Subject Companies; or (vi) made any bribe, rebate, payoff, influence payment, kickback, or other unlawful payment, to any person Person or entity, private or public, regardless of form, whether in money, property, or services, to obtain favorable treatment in securing business or to obtain special concessions for such companythe Subject Companies, or to pay for favorable treatment for business secured or for special concessions already obtained for such companyof the Subject Companies.

Absence of Certain Payments. During the five (5) year period prior to the date of this Agreement, to the Knowledge of PCC, none of the Asset Sale Acquired Companies have (nor nor, to the Seller's Knowledge, has any director, officer, agent, or employee of any Asset Sale Acquired Company nor any other person, acting on behalf of any Asset Sale Acquired Company) directly or indirectly: used any of such company's funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns from such company's funds; violated any provision of the Foreign Corrupt Practices Act of 1977 applicable to such company; established or maintained any unlawful or unrecorded fund of such company's monies or other assets; made any false or fictitious entry on the books or records of such company; or made any unlawful bribe, rebate, payoff, influence payment, kickback, or other unlawful payment, to any person or entity, private or public, regardless of form, whether in money, property, or services, to obtain favorable treatment in securing business or to obtain special concessions for such company, or to pay make any unlawful payment for favorable treatment for business secured or for special concessions already obtained for such company.