Common use of ABSENCE OF IMPROPER PAYMENTS Clause in Contracts

ABSENCE OF IMPROPER PAYMENTS. (a) Since October 31, 1989 the Company: (i) has not made any contributions, payments or gifts of its property to or for the private use of any governmental official, employee or agent where either the payment or the purpose of such contribution, payments or gift is illegal under the laws of the United States, any state thereof or any other jurisdiction (foreign or domestic), (ii) has not established or maintained any unrecorded fund or asset for any purpose, or made any false or artificial entries on its books or records for any reason, (iii) has not made any payments to any person where the Company intended or understood that any part of such payment was to be used for any other purpose other than that described in the documents supporting the payment, (iv) has not made any contribution, or reimbursed any political gift or contribution made by any other person, to candidates for public office, whether federal, state or local, where such contribution would be in violation of applicable law or (v) has not misused, misapplied or improperly handled, administered or managed market development or promotional funds or market development or promotional fund accounts in any material respect.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Marketing Specialists Corp), Stock Purchase Agreement (Marketing Specialists Corp)

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ABSENCE OF IMPROPER PAYMENTS. (a) Since October 31January 1, 1989 the Company: (i) has not made any contributions, payments or gifts of its property to or for the private use of any governmental official, employee or agent where either the payment or the purpose of such contribution, payments or gift is illegal under the laws of the United States, any state thereof or any other jurisdiction (foreign or domestic), (ii) has not established or maintained any unrecorded fund or asset for any purpose, or made any false or artificial entries on its books or records for any reason, (iii) has not made any payments to any person where the Company intended or understood that any part of such payment was to be used for any other purpose other than that described in the documents supporting the payment, (iv) has not made any contribution, or reimbursed any political gift or contribution made by any other person, to candidates for public office, whether federal, state or local, where such contribution would be in violation of applicable law or (v) has not misused, misapplied or improperly handled, administered or managed market development or promotional funds or market development or promotional fund accounts in any material respect.

Appears in 1 contract

Samples: Stock Purchase Agreement (Marketing Specialists Corp)

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ABSENCE OF IMPROPER PAYMENTS. (a) Since October December 31, 1989 1988, the Company: (ia) has not made any contributions, payments or gifts of its property to or for the private use of any governmental official, employee or agent where either the payment or the purpose of such contribution, payments or gift is illegal under the laws of the United States, any state thereof or any other jurisdiction (foreign or domestic), (iib) has not established or maintained any unrecorded fund or asset for any purpose, or made any false or artificial entries on its books or records for any reason, (iiic) has not made any payments to any person where the Company intended or understood that any part of such payment was to be used for any other purpose other than that described in the documents supporting the payment, (ivd) has not made any contribution, or reimbursed any political gift or contribution made by any other person, to candidates for public office, whether federal, state or local, where such contribution would be in violation of applicable law or (ve) has not misused, misapplied or improperly handled, administered or managed market development or promotional funds or market development or promotional fund accounts in any material respect.

Appears in 1 contract

Samples: Stock Purchase Agreement (Marketing Specialists Corp)

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