Common use of Anti-Bribery, Anti-Corruption and Anti-Money Laundering Laws; Foreign Assets Control Clause in Contracts

Anti-Bribery, Anti-Corruption and Anti-Money Laundering Laws; Foreign Assets Control. (i) With respect to the Borrower and its managers, officers and Affiliates and, to the Borrower’s best knowledge, the Borrower’s agents and employees and the respective directors, managers, officers, agents and employees of its Affiliates: (A) None of the foregoing has engaged in any activity or conduct which would violate any Anti-Corruption Laws or Anti-Terrorism Laws, and the Borrower and its Affiliates have instituted and maintain policies and procedures designed to prevent any such violation; and (B) None of the foregoing is a Person that is, or is owned or controlled by one or more Persons any of which is: (i) the subject of any economic or trade sanctions or restrictive measures enacted, administered, imposed or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the United Nations Security Council, the European Union, the French Republic, Canada, Her Majesty’s Treasury and/or any other relevant sanctions authority (collectively, “Sanctions”; any such Person, a “Sanctioned Person”) or (ii) located, organized or resident in a country or territory that is, or whose government is, the subject of Sanctions broadly prohibiting dealings with such government, country or territory (a “Sanctioned Country”). (ii) To the Borrower’s knowledge (but without any obligation hereunder to undertake any inquiry, except in connection with the origination of a Loan and only as of the date of such origination), no Obligor nor any of its Affiliates is a Sanctioned Person or is located, organized or resident in a Sanctioned Country. (iii) No proceeds of any Advance hereunder have been used, directly or indirectly, by the Borrower or the Originator or any of its or their respective Affiliates, directors, managers, officers, employees and agents, or lent, contributed or otherwise made available to any Affiliate or other Person (i) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any {B2297203; 11} - 29 - Person in each case in violation of any Anti-Corruption Laws or Anti-Terrorism Laws, (ii) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, including any payments (directly or indirectly) to a Sanctioned Person or a Sanctioned Country or (iii) in any manner that would result in the violation of any Sanctions by the Borrower or, to the Borrower’s knowledge, any other Person (including any Person that is a party hereto or to any other Transaction Document).

Appears in 1 contract

Samples: Loan and Servicing Agreement (Prospect Capital Corp)

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Anti-Bribery, Anti-Corruption and Anti-Money Laundering Laws; Foreign Assets Control. (i) With respect to the Borrower and its managers, officers and Affiliates and, to the Borrower’s best knowledge, the Borrower’s agents and employees and the respective directors, managers, officers, agents and employees of its Affiliates: (A) None of the foregoing has engaged in any activity or conduct which would violate any Antiapplicable anti-Corruption Laws bribery, anti-corruption or Antianti-Terrorism Lawsmoney laundering laws, regulations or rules in any applicable jurisdiction, and the Borrower and its Affiliates have instituted and maintain policies and procedures designed to prevent any such violation; and (B) None of the foregoing is a Person that is, or is owned or controlled by one or more Persons any of which is: (i) the subject of any economic or trade sanctions or restrictive measures enacted, administered, imposed or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the United Nations Security Council, the European Union, the French Republic, Canada, Her Majesty’s Treasury and/or any other relevant sanctions authority (collectively, “Sanctions”; any such Person, a “Sanctioned Person”) or (ii) located, organized or resident in a country or territory that is, or whose government is, the subject of Sanctions broadly prohibiting dealings with such government, country or territory (a “Sanctioned Country”), including Cuba, Iran, Burma, North Korea, Sudan and Syria. (ii) To the Borrower’s knowledge (but without any obligation hereunder to undertake any inquiry, except in connection with the origination of a Loan and only as of the date of such origination), no Obligor nor any of its Affiliates is a Sanctioned Person or is located, organized or resident in a Sanctioned Country. (iii) No proceeds of any Advance hereunder have been used, directly or indirectly, by the Borrower or the Originator or any of its or their respective Affiliates, directors, managers, officers, employees and agents, or lent, contributed or otherwise made available to any Affiliate or other Person (i) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any {B2297203; 11} - 29 - Person in each case in violation of any Anti-Corruption Laws or Anti-Terrorism Laws, (ii) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, including any payments (directly or indirectly) to a Sanctioned Person or a Sanctioned Country or (iii) in any manner that would result in the violation of any Sanctions by the Borrower or, to the Borrower’s knowledge, any other Person (including any Person that is a party hereto or to any other Transaction Document).

Appears in 1 contract

Samples: Loan and Servicing Agreement (Prospect Capital Corp)

Anti-Bribery, Anti-Corruption and Anti-Money Laundering Laws; Foreign Assets Control. (i) i. With respect to the Borrower and its managers, officers and Affiliates and, to the Borrower’s best knowledge, the Borrower’s agents and employees and the respective directors, managers, officers, agents and employees of its Affiliates: (A) None of the foregoing has engaged in any activity or conduct which would violate any Anti-Corruption Laws or Anti-Terrorism Laws, and the Borrower and its Affiliates have instituted and maintain policies and procedures designed to prevent any such violation; and (B) None of the foregoing is a Person that is, or is owned or controlled by one or more Persons any of which is: (i) the subject of any economic or trade sanctions or restrictive measures enacted, administered, imposed or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the United Nations Security Council, the European Union, the French Republic, Canada, Her Majesty’s Treasury and/or any other relevant sanctions authority (collectively, “Sanctions”; any such Person, a “Sanctioned Person”) or (ii) located, organized or resident in a country or territory that is, or whose government is, the subject of Sanctions broadly prohibiting dealings with such government, country or territory (a “Sanctioned Country”). (ii) . To the Borrower’s knowledge (but without any obligation hereunder to undertake any inquiry, except in connection with the origination of a Loan and only as of the date of such origination), no Obligor nor any of its Affiliates is a Sanctioned Person or is located, organized or resident in a Sanctioned Country. (iii) . No proceeds of any Advance hereunder have been used, directly or indirectly, by the Borrower or the Originator or any of its or their respective Affiliates, directors, managers, officers, employees and agents, or lent, contributed or otherwise made available to any Affiliate or other Person (i) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any {B2297203; 11} - 29 - Person in each case in violation of any Anti-Corruption Laws or Anti-Terrorism Laws, (ii) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, including any payments (directly or indirectly) to a Sanctioned Person or a Sanctioned Country or (iii) in any manner that would result in the violation of any Sanctions by the Borrower or, to the Borrower’s knowledge, any other Person (including any Person that is a party hereto or to any other Transaction Document).

Appears in 1 contract

Samples: Loan and Servicing Agreement (Prospect Capital Corp)

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Anti-Bribery, Anti-Corruption and Anti-Money Laundering Laws; Foreign Assets Control. (i) With respect to the Borrower and its managers, officers and Affiliates and, to the Borrower’s best knowledge, the Borrower’s agents and employees and the respective directors, managers, officers, agents and employees of its Affiliates: (A) None of the foregoing has engaged in any activity or conduct which would violate any Anti-Corruption Laws or Anti-Terrorism Laws, and the Borrower and its Affiliates have instituted and maintain policies and procedures designed to prevent any such violation; and (B) None of the foregoing is a Person that is, or is owned or controlled by one or more Persons any of which is: (i) the subject of any economic or trade sanctions or restrictive measures enacted, administered, imposed or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the United Nations Security Council, the European Union, the French Republic, Canada, Her Majesty’s Treasury and/or any other relevant sanctions authority (collectively, “Sanctions”; any such Person, a “Sanctioned Person”) or (ii) located, organized or resident in a country or territory that is, or whose government is, the subject of Sanctions broadly prohibiting dealings with such government, country or territory (a “Sanctioned Country”). (ii) To the Borrower’s knowledge (but without any obligation hereunder to undertake any inquiry, except in connection with the origination of a Loan and only as of the date of such origination), no Obligor nor any of its Affiliates is a Sanctioned Person or is located, organized or resident in a Sanctioned Country. (iii) No proceeds of any Advance hereunder have been used, directly or indirectly, by the Borrower or the Originator or any of its or their respective Affiliates, directors, managers, officers, employees and agents, or lent, contributed or otherwise made available to any Affiliate or other Person (i) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any {B2297203; 11} - 29 - Person in each case in violation of any Anti-Corruption Laws or Anti-Terrorism Laws, (ii) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, including any payments (directly or indirectly) to a Sanctioned Person or a Sanctioned Country or (iii) in any manner that would result in the violation of any Sanctions by the Borrower or, to the Borrower’s knowledge, any other Person (including any Person that is a party hereto or to any other Transaction Document).

Appears in 1 contract

Samples: Loan and Servicing Agreement (Prospect Capital Corp)

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