Anti-Money Laundering; Sanctions. (a) Each Loan Party agrees that a Lender and Agent may delay, block or refuse to process any transaction without incurring any liability if the they suspect that: (i) the transaction may breach any law or regulation in Australia or any other country; (ii) the transaction involves any person (natural, corporate or governmental) that is itself sanctioned or is connected, directly or indirectly, to any person that is sanctioned under economic and trade sanctions imposed by the United States of America, the European Union or any country; or (iii) the transaction may directly or indirectly involve the proceeds of, or be applied for the purposes of, conduct which is unlawful in Australia or any other country. (b) Notwithstanding any other provision of a Loan Document to the contrary, each Loan Party agrees to provide any information and documents that are within its possession, custody or control as reasonably required by a Lender or the Agent in order for the Lender or the Agent to comply with the Anti-Money Laundering and Counter-Terrorism Financing Axx 0000 (Cth) and any other anti- money laundering or counter-terrorism financing laws or regulations including without limitation, any laws or regulations imposing “know your customer” or other identification checks or procedures, that apply to the Lender, in any jurisdiction in connection with the Loan Documents (“AML/CTF Laws”). (c) If a Lender or the Agent forms the view that, in its reasonable opinion, it is required to disclose information obtained in connection with the Loan Documents to any person in order to comply with any AML/CTF Laws, the parties agree that, to the extent permitted by law, such disclosure will not breach any duty of confidentiality owed by the Lender or the Agent to any other party to this document. (d) Each Loan Party represents and warrants in favour of each Lender and the Agent that it is not acting as trustee, agent or on behalf of another person in entering into the Loan Documents, except to the extent expressly provided in the Loan Documents or disclosed in writing to the Lender and the Agent before the date of this document. (e) Each Loan Party agrees to exercise its rights and perform its obligations under the Loan Documents in accordance with all applicable laws or regulations relating to anti-money laundering, counter-terrorism financing or economic and trade sanctions.
Appears in 2 contracts
Samples: Credit Agreement (SWK Holdings Corp), Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD)
Anti-Money Laundering; Sanctions. (a) Each Loan Party agrees that a Lender and Agent may delay, block or refuse to process any transaction without incurring any liability if the they suspect that:
(i) the transaction may breach any law or regulation in Australia or any other country;
(ii) the transaction involves any person (natural, corporate or governmental) that is itself sanctioned or is connected, directly or indirectly, to any person that is sanctioned under economic and trade sanctions imposed by the United States of America, the European Union or any country; or
(iii) the transaction may directly or indirectly involve the proceeds of, or be applied for the purposes of, conduct which is unlawful in Australia or any other country.
(b) Notwithstanding any other provision of a Loan Document to the contrary, each Loan Party agrees to provide any information and documents that are within its possession, custody or control as reasonably required by a Lender or the Agent in order for the Lender or the Agent to comply with the Anti-Money Laundering and Counter-Terrorism Financing Axx Xxx 0000 (Cth) and any other anti- money laundering or counter-terrorism financing laws or regulations including without limitation, any laws or regulations imposing “know your customer” or other identification checks or procedures, that apply to the Lender, in any jurisdiction in connection with the Loan Documents (“AML/CTF Laws”).
(c) If a Lender or the Agent forms the view that, in its reasonable opinion, it is required to disclose information obtained in connection with the Loan Documents to any person in order to comply with any AML/CTF Laws, the parties agree that, to the extent permitted by law, such disclosure will not breach any duty of confidentiality owed by the Lender or the Agent to any other party to this document.
(d) Each Loan Party represents and warrants in favour of each Lender and the Agent that it is not acting as trustee, agent or on behalf of another person in entering into the Loan Documents, except to the extent expressly provided in the Loan Documents or disclosed in writing to the Lender and the Agent before the date of this document.
(e) Each Loan Party agrees to exercise its rights and perform its obligations under the Loan Documents in accordance with all applicable laws or regulations relating to anti-money laundering, counter-terrorism financing or economic and trade sanctions.
Appears in 1 contract
Samples: Credit Agreement (Parnell Pharmaceuticals Holdings Pty LTD)
Anti-Money Laundering; Sanctions. (a) Each Loan Party agrees that a Lender and Agent may delay, block or refuse to process any transaction without incurring any liability if the they suspect that:
(i) the transaction may breach any law or regulation in Australia or any other country;
(ii) the transaction involves any person (natural, corporate or governmental) that is itself sanctioned or is connected, directly or indirectly, to any person that is sanctioned under economic and trade sanctions imposed by the United States of America, the European Union or any country; or
(iii) the transaction may directly or indirectly involve the proceeds of, or be applied for the purposes of, conduct which is unlawful in Australia or any other country.
(b) Notwithstanding any other provision of a Loan Document to the contrary, each Loan Party agrees to provide any information and documents that are within its possession, custody or control as reasonably required by a Lender or the Agent in order for the Lender or the Agent to comply with the Anti-Money Laundering and Counter-Terrorism Financing Axx Xxx 0000 (Cth) and any other anti- anti-money laundering or counter-terrorism financing laws or regulations including without limitation, any laws or regulations imposing “know your customer” or other identification checks or procedures, that apply to the Lender, in any jurisdiction in connection with the Loan Documents (“AML/CTF Laws”).
(c) If a Lender or the Agent forms the view that, in its reasonable opinion, it is required to disclose information obtained in connection with the Loan Documents to any person in order to comply with any AML/CTF Laws, the parties agree that, to the extent permitted by law, such disclosure will not breach any duty of confidentiality owed by the Lender or the Agent to any other party to this document.
(d) Each Loan Party represents and warrants in favour of each Lender and the Agent that it is not acting as trustee, agent or on behalf of another person in entering into the Loan Documents, except to the extent expressly provided in the Loan Documents or disclosed in writing to the Lender and the Agent before the date of this document.
(e) Each Loan Party agrees to exercise its rights and perform its obligations under the Loan Documents in accordance with all applicable laws or regulations relating to anti-money laundering, counter-terrorism financing or economic and trade sanctions.
Appears in 1 contract
Samples: Credit Agreement (SWK Holdings Corp)