Common use of Anti-Terrorism Laws, Etc Clause in Contracts

Anti-Terrorism Laws, Etc. (a) Neither the Borrower, the Parent Guarantor nor any of its Subsidiaries is in violation of the foreign assets control regulations of the U.S. Treasury Department’s Office of Foreign Asset Control (“OFAC”) (31 CFR, Subtitle B, Chapter V, as amended), Executive Order No. 13224 on Terrorist Financing effective September 24, 2001 (the “Executive Order”), the Act or, to the knowledge of the Parent Guarantor and the Borrower, any sanctions or requirements imposed under similar laws or regulations enacted or enforced by the European Union or Her Majesty’s Treasury of the United Kingdom required to be observed by the Parent Guarantor and its Subsidiaries (collectively, the “Anti-Terrorism Laws”), in each case in which could reasonably be expected to have a Material Adverse Effect or except as described in the Parent Guarantor’s filings of Forms 10-K, 10-Q or 8-K. Neither the Borrower, the Parent Guarantor nor any of its Subsidiaries is any of the following: (i) a Person that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (ii) a Person owned or controlled by, or acting for or on behalf of, any Person that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (iii) a Person that is named as a “specially designated national and blocked person” on the most current list published by the OFAC at its official website or any replacement website or other replacement official publication of such list; or (iv) to the knowledge of the Parent Guarantor and the Borrower, a Person that is subject to any economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the European Union or Her Majesty’s Treasury of the United Kingdom required to be observed by the Parent Guarantor and its Subsidiaries. (b) Neither the Borrower, the Parent Guarantor nor any of its Subsidiaries (i) conducts any business or engages in making or receiving any contribution of funds, goods or services to or for the benefit of a Person described in Section 3.12, (ii) deals in, or otherwise engages in any transaction relating to, any property or interests in property blocked pursuant to the Executive Order, or (iii) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law; provided that to the extent the foregoing representation pertains to Anti-Terrorism Laws of the European Union or Her Majesty’s Treasury of the United Kingdom, such representation is made only to the knowledge of the Parent Guarantor and Borrower. (c) The Borrower, the Parent Guarantor and their respective Subsidiaries and, to the knowledge of the Borrower, each of their directors, officers and employees is in compliance with the United States Foreign Corrupt Practices Act of 1977, except to the extent that failure to comply would not reasonably be expected to have a Material Adverse Effect.

Anti-Terrorism Laws, Etc. (a) Neither the Borrower, the Parent Guarantor nor any of its Subsidiaries is in violation of the foreign assets control regulations of the U.S. Treasury Department’s Office of Foreign Asset Control (“OFAC”) (31 CFR, Subtitle B, Chapter V, as amended), Executive Order No. 13224 on Terrorist Financing effective September 24, 2001 (the “Executive Order”), the Act or, to the knowledge of the Parent Guarantor and the Borrower, any sanctions or requirements imposed under similar laws or regulations enacted or enforced by the European Union or Her His Majesty’s Treasury of the United Kingdom required to be observed by the Parent Guarantor and its Subsidiaries (collectively, the “Anti-Terrorism Laws”), in each case in case, which could reasonably be expected to have a Material Adverse Effect or except as described in the Parent Guarantor’s filings of Forms 10-K, 10-Q or 8-K. Neither the Borrower, the Parent Guarantor nor any of its Subsidiaries is any of the following: (i) a Person that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (ii) a Person owned or controlled by, or acting for or on behalf of, any Person that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (iii) a Person that is named as a “specially designated national and blocked person” on the most current list published by the OFAC at its official website or any replacement website or other replacement official publication of such list; or (iv) to the knowledge of the Parent Guarantor and the Borrower, a Person that is the subject to of any economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the European Union or Her His Majesty’s Treasury of the United Kingdom required to be observed by the Parent Guarantor and its Subsidiaries. (b) Neither the Borrower, the Parent Guarantor nor any of its Subsidiaries (i) conducts any business or engages in making or receiving any contribution of funds, goods or services to or for the benefit of a Person described in Section 3.123.12(a), (ii) deals in, or otherwise engages in any transaction relating to, any property or interests in property blocked pursuant to the Executive Order, or (iii) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law; provided that to the extent the foregoing representation pertains to Anti-Terrorism Laws of the European Union or Her His Majesty’s Treasury of the United Kingdom, such representation is made only to the knowledge of the Parent Guarantor and Borrower. (c) The Borrower, the Parent Guarantor and their respective Subsidiaries and, to the knowledge of the Borrower, each of their directors, officers and employees is in compliance with the United States Foreign Corrupt Practices Act of 1977, except to the extent that failure to comply would not reasonably be expected to have a Material Adverse Effect.

Anti-Terrorism Laws, Etc. (a) Neither the Borrower, the Parent Guarantor nor any of its Subsidiaries is in violation of the foreign assets control regulations of the U.S. Treasury Department’s Office of Foreign Asset Control (“OFAC”) (31 CFR, Subtitle B, Chapter V, as amended), Executive Order No. 13224 on Terrorist Financing effective September 24, 2001 (the “Executive Order”), the Act or, to the knowledge of the Parent Guarantor and the Borrower, any sanctions or requirements imposed under similar laws or regulations enacted or enforced by the European Union or Her Majesty’s Treasury of the United Kingdom required to be observed by the Parent Guarantor and its Subsidiaries (collectively, the “Anti-Terrorism Laws”), in each case in case, which could reasonably be expected to have a Material Adverse Effect or except as described in the Parent Guarantor’s filings of Forms 10-K, 10-Q or 8-K. Neither the Borrower, the Parent Guarantor nor any of its Subsidiaries is any of the following: (i) a Person that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (ii) a Person owned or controlled by, or acting for or on behalf of, any Person that is listed in the annex to, or is otherwise subject to the provisions of, the Executive Order; (iii) a Person that is named as a “specially designated national and blocked person” on the most current list published by the OFAC at its official website or any replacement website or other replacement official publication of such list; or (iv) to the knowledge of the Parent Guarantor and the Borrower, a Person that is subject to any economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the European Union or Her Majesty’s Treasury of the United Kingdom required to be observed by the Parent Guarantor and its Subsidiaries. (b) Neither the Borrower, the Parent Guarantor nor any of its Subsidiaries (i) conducts any business or engages in making or receiving any contribution of funds, goods or services to or for the benefit of a Person described in Section 3.123.12(a), (ii) deals in, or otherwise engages in any transaction relating to, any property or interests in property blocked pursuant to the Executive Order, or (iii) engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in any Anti-Terrorism Law; provided that to the extent the foregoing representation pertains to Anti-Terrorism Laws of the European Union or Her Majesty’s Treasury of the United Kingdom, such representation is made only to the knowledge of the Parent Guarantor and Borrower. (c) The Borrower, the Parent Guarantor and their respective Subsidiaries and, to the knowledge of the Borrower, each of their directors, officers and employees is in compliance with the United States Foreign Corrupt Practices Act of 1977, except to the extent that failure to comply would not reasonably be expected to have a Material Adverse Effect.