AML Laws. (a) The Obligors are in compliance with all anti-money laundering laws, rules, regulations and orders of jurisdictions applicable to the Obligors (collectively, “AML Laws”), including without limitation, the USA PATRIOT Act (as hereinafter defined); (ii) to the knowledge of the Borrower, no investigation, action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator, involving any Obligor, with respect to AML Laws is currently pending or threatened; and (iii) the Borrower agrees to provide the Lenders with all information reasonably required by the Lenders to carry out their obligations under applicable AML Laws and the Lenders’ anti-money laundering policies and procedures. (b) The Obligors and their respective employees, directors, officers and any agent, in each case, acting on any Obligor’s behalf, have not corruptly paid, offered or promised to pay, or authorized payment of any monies or a thing of value, directly or indirectly, to any Person, including without limitation any government official (including employees of government-owned or -controlled entities or of a public international organization, or any Person acting in an official capacity for or on behalf of any of the foregoing) or any political party or party official or candidate for political office, for the purpose of obtaining or retaining business, or directing business to any Person, or obtaining any other improper advantage, in each case in violation of the U.S. Foreign Corrupt Practices Act or any other applicable anti-corruption law (collectively, “Anti-Corruption Laws”), and to the knowledge of the Borrower, no investigation, action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator, involving any Obligor, with respect to Anti-Corruption Laws, is currently pending or threatened. (c) The Borrower shall, and shall cause the other Obligors to, (i) maintain in effect and enforce policies and procedures designed to ensure compliance by the Borrower, any Person that is an Affiliate of the Borrower, including the other Obligors, and, to the extent commercially reasonable, its agents with Anti-Corruption Laws and applicable Sanctions and (ii) ensure at all times the truth and accuracy of the representations and warranties, and adherence to, the provisions hereof.
Appears in 2 contracts
Samples: Credit Agreement (New Gold Inc. /FI), Credit Agreement (New Gold Inc. /FI)
AML Laws. (ai) The Obligors are in compliance with all anti-money laundering laws, rules, regulations and orders of jurisdictions applicable to the Obligors (collectively, “AML Laws”), including without limitation, the USA PATRIOT Patriot Act (as hereinafter defined); (ii) to the knowledge of the Borrower, no investigation, action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator, involving any Obligor, with respect to AML Laws is currently pending or threatened; and (iii) the Borrower agrees to provide the Lenders with all information reasonably required by the Lenders to carry out their obligations under applicable AML Laws and the Lenders’ anti-money laundering policies and procedures.
. 123 (b) The Obligors and their respective employees, directors, officers and any agent, in each case, acting on any Obligor’s behalf, have not corruptly paid, offered or promised to pay, or authorized payment of any monies or a thing of value, directly or indirectly, to any Person, including without limitation any government official (including employees of government-owned or -controlled entities or of a public international organization, or any Person acting in an official capacity for or on behalf of any of the foregoing) or any political party or party official or candidate for political office, for the purpose of obtaining or retaining business, or directing business to any Person, or obtaining any other improper advantage, in each case in violation of the U.S. Foreign Corrupt Practices Act or any other applicable anti-corruption law (collectively, “Anti-Corruption Laws”), and to the knowledge of the Borrower, no investigation, action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator, involving any Obligor, with respect to Anti-Corruption Laws, is currently pending or threatened.
(c) The Borrower shall, and shall cause the other Obligors to, (i) maintain in effect and enforce policies and procedures designed to ensure compliance by the Borrower, any Person that is an Affiliate of the Borrower, including the other Obligors, and, to the extent commercially reasonable, its agents with Anti-Corruption Laws and applicable Sanctions and (ii) ensure at all times the truth and accuracy of the representations and warranties, and adherence to, the provisions hereof.
Appears in 1 contract
Samples: Loan Agreement (New Gold Inc. /FI)
AML Laws. (ai) The Obligors are in compliance with all anti-money laundering laws, rules, regulations and orders of jurisdictions applicable to the Obligors (collectively, “AML Laws”), including without limitation, the USA PATRIOT Patriot Act (as hereinafter defined); (ii) to the knowledge of the Borrower, no investigation, action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator, involving any Obligor, with respect to AML Laws is currently pending or threatened; and (iii) the Borrower agrees to provide the Lenders with all information reasonably required by the Lenders to carry out their obligations 286042.00038/115243826.6 under applicable AML Laws and the Lenders’ anti-money laundering policies and procedures.
(b) The Obligors and their respective employees, directors, officers and any agent, in each case, acting on any Obligor’s behalf, have not corruptly paid, offered or promised to pay, or authorized payment of any monies or a thing of value, directly or indirectly, to any Person, including without limitation any government official (including employees of government-owned or -controlled entities or of a public international organization, or any Person acting in an official capacity for or on behalf of any of the foregoing) or any political party or party official or candidate for political office, for the purpose of obtaining or retaining business, or directing business to any Person, or obtaining any other improper advantage, in each case in violation of the U.S. Foreign Corrupt Practices Act or any other applicable anti-anti- corruption law (collectively, “Anti-Corruption Laws”), and to the knowledge of the Borrower, no investigation, action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator, involving any Obligor, with respect to Anti-Corruption Laws, is currently pending or threatened.
(c) The Borrower shall, and shall cause the other Obligors to, (i) maintain in effect and enforce policies and procedures designed to ensure compliance by the Borrower, any Person that is an Affiliate of the Borrower, including the other Obligors, and, to the extent commercially reasonable, its agents with Anti-Corruption Laws and applicable Sanctions and (ii) ensure at all times the truth and accuracy of the representations and warranties, and adherence to, the provisions hereof.
Appears in 1 contract
Samples: Credit Agreement (New Gold Inc. /FI)