Common use of AML and Sanctions Clause in Contracts

AML and Sanctions. (a) Any borrowing by the Borrower under this Agreement, and the performance of its obligations under this Agreement and the other Transaction Documents, will be for its own account and will not involve any breach by it of any law or regulatory measure relating to the fight against money laundering and international terrorism, including, but not limited to, the European Directives on anti-money laundering (and notably Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015) and the Italian Legislative Decree 231 as well as laws and regulations imposing restrictions on export, transfer and/or supply of dual-use goods and technologies and/or services and assistance relating to them (including, without limitation the EU Regulation No 2021/821). (b) No Transaction Obligor, any director, officer, nor to its knowledge any Affiliate of any Transaction Obligor or any member of the Group: (i) is a Prohibited Person; (ii) is owned or controlled by or acting directly or indirectly on behalf of or for the benefit of, a Prohibited Person; (iii) is the subject of any action or investigation under any applicable Sanctions; (iv) owns or controls a Prohibited Person; (v) has liaised, contracted, entered into arrangements or otherwise established any form of relationships related to this Agreement with any Prohibited Persons; or (vi) has acted in breach of any Sanctions. (c) No proceeds of the Loan shall be made available directly or indirectly to or for the benefit of a Prohibited Person or in a Prohibited Jurisdiction nor shall they be otherwise directly or indirectly applied in a manner or for a purpose prohibited by Sanctions or in any other manner that would result in a violation of any Sanctions by any Transaction Obligor or any Finance Party. (d) The Guarantor has instituted and maintains adequate policies and procedures designed to promote and achieve compliance by it and the other members of the Group with Sanctions.