Anti-Terrorism; OFAC; Anti-Corruption. (i) None of such Loan Party nor any of its Affiliates nor, to the knowledge of such Loan Party, any Obligor (i) is a Person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such Person in any manner violative of Section 2 of such executive order, or (iii) is a Person (1) designated on OFAC's list of Specially Designated Nationals and Blocked Persons or otherwise the subject of any Sanctions or (2) in violation of the limitations or prohibitions under any other Sanctions. (ii) None of such Loan Party nor any of its Affiliates (i) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (ii) a foreign shell bank. For purposes of the forgoing, "foreign shell bank" means a bank that does not maintain a physical presence in any country and is not subject to inspection by a banking authority. (iii) No part of the proceeds of any Advance will be used by such Loan Party or any of its Affiliates, or permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), (i) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of applicable anti-corruption and anti-bribery laws, including the United States Foreign Corrupt Practices Act of 1977, as amended; (ii) to fund or facilitate any money laundering or terrorist financing activities or business, or in any other manner that would cause or result in violation of applicable anti-money laundering laws, rules or regulations, including the Patriot Act, as amended (collectively, "Anti-Money Laundering Laws"); or (iii) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or in any other manner that would result in a violation by any Person of any Sanctions. (iv) No Collateral or any portion thereof is or will consist of funds, assets or other property or interests in property that is blocked or frozen pursuant to any Sanctions. (v) Such Loan Party acknowledges by executing this Agreement that each Lender and the Administrative Agent (for itself and not on behalf of any other Lender) hereby notifies such Loan Party that United States law requires each United States Lender and the Administrative Agent to obtain, verify and record information that identifies such Loan Party, which information includes the name and address of such Loan Party (and certain Persons having a beneficial interest in such Loan Party) and other information that will allow such Lender and the Administrative Agent, as applicable, to identify such Loan Party.
Appears in 3 contracts
Samples: Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.), Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.), Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.)
Anti-Terrorism; OFAC; Anti-Corruption. (i) None of such Loan Party the Servicer nor any of its Affiliates nor, to the knowledge of such Loan Partythe Servicer, any Obligor (i) is a Person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such Person in any manner violative of Section 2 of such executive order, or (iii) is a Person (1) designated on OFAC's list of Specially Designated Nationals and Blocked Persons or otherwise the subject of any Sanctions or (2) in violation of the limitations or prohibitions under any other Sanctions.
(ii) None of such Loan Party the Servicer nor any of its Affiliates (i) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (ii) a foreign shell bank. For purposes of the forgoing, "foreign shell bank" means a bank that does not maintain a physical presence in any country and is not subject to inspection by a banking authority.
(iii) No part of the proceeds of any Advance will be used by such Loan Party the Servicer or any of its Affiliates, or permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), (i) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of applicable anti-corruption and anti-bribery laws, including the United States Foreign Corrupt Practices Act of 1977, as amended; (ii) to fund or facilitate any money laundering or terrorist financing activities or business, or in any other manner that would cause or result in violation of applicable anti-money laundering laws, rules or regulations, including the Patriot Act, as amended (collectively, "Anti-Money Laundering Laws"); or (iii) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or in any other manner that would result in a violation by any Person of any Sanctions.
(iv) No Collateral or any portion thereof is or will consist of funds, assets or other property or interests in property that is blocked or frozen pursuant to any Sanctions.
(v) Such Loan Party The Servicer acknowledges by executing this Agreement that each Lender and the Administrative Agent (for itself and not on behalf of any other Lender) hereby notifies such Loan Party that United States law requires each United States Lender and the Administrative Agent to obtain, verify and record information that identifies such Loan Party, which information includes the name and address of such Loan Party (and certain Persons having a beneficial interest in such Loan Party) and other information that will allow such Lender and the Administrative Agent, as applicable, to identify such Loan Party.
Appears in 3 contracts
Samples: Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.), Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.), Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.)
Anti-Terrorism; OFAC; Anti-Corruption. (i) None of such Loan Party nor any of its Affiliates nor, to the knowledge of such Loan Party, any Obligor (i) is a Person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such Person in any manner violative of Section 2 of such executive order, or (iii) is a Person (1) designated on OFAC's list of Specially Designated Nationals and Blocked Persons or otherwise the subject of any Sanctions or (2) in violation of the limitations or prohibitions under any other Sanctions.
(ii) None of such Loan Party nor any of its Affiliates (i) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (ii) a foreign shell bank. For purposes of the forgoing, "foreign shell bank" means a bank that does not maintain a physical presence in any country and is not subject to inspection by a banking authority.
(iii) No part of the proceeds of any Advance will be used by such Loan Party or any of its Affiliates, or permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), (i) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of applicable anti-corruption and anti-bribery laws, including the United States Foreign Corrupt Practices Act of 1977, as amended; (ii) to fund or facilitate any money laundering or terrorist financing activities or business, or in any other manner that would cause or result in violation of applicable anti-money laundering laws, rules or regulations, including the Patriot Act, as amended (collectively, "“Anti-Money Laundering Laws"”); or (iii) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or in any other manner that would result in a violation by any Person of any Sanctions.
(iv) No Collateral or any portion thereof is or will consist of funds, assets or other property or interests in property that is blocked or frozen pursuant to any Sanctions.
(v) Such Loan Party acknowledges by executing this Agreement that each Lender and the Administrative Agent (for itself and not on behalf of any other Lender) hereby notifies such Loan Party that United States law requires each United States Lender and the Administrative Agent to obtain, verify and record information that identifies such Loan Party, which information includes the name and address of such Loan Party (and certain Persons having a beneficial interest in such Loan Party) and other information that will allow such Lender and the Administrative Agent, as applicable, to identify such Loan Party.
Appears in 1 contract
Samples: Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.)
Anti-Terrorism; OFAC; Anti-Corruption. (i) None of such Loan Party the Portfolio Manager nor any of its Affiliates nor, to the knowledge of such Loan Partythe Portfolio Manager, any Obligor (i) is a Person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such Person in any manner violative of Section 2 of such executive order, or (iii) is a Person (1) designated on OFAC's list of Specially Designated Nationals and Blocked Persons or otherwise the subject of any Sanctions or (2) in violation of the limitations or prohibitions under any other Sanctions.
(ii) None of such Loan Party the Portfolio Manager nor any of its Affiliates (i) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (ii) a foreign shell bank. For purposes of the forgoing, "foreign shell bank" means a bank that does not maintain a physical presence in any country and is not subject to inspection by a banking authority.
(iii) No part of the proceeds of any Advance will be used by such Loan Party the Portfolio Manager or any of its Affiliates, or permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), (i) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of applicable anti-corruption and anti-bribery laws, including the United States Foreign Corrupt Practices Act of 1977, as amended; (ii) to fund or facilitate any money laundering or terrorist financing activities or business, or in any other manner that would cause or result in violation of applicable anti-money laundering laws, rules or regulations, including the Patriot Act, as amended (collectively, "Anti-Money Laundering Laws"); or (iii) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or in any other manner that would result in a violation by any Person of any Sanctions.
(iv) No Collateral or any portion thereof is or will consist of funds, assets or other property or interests in property that is blocked or frozen pursuant to any Sanctions.
(v) Such Loan Party The Portfolio Manager acknowledges by executing this Agreement that each Lender and Lenders (or the Administrative Agent (for itself and not on behalf their behalf) have notified the Portfolio Manager that, pursuant to the requirements of any other Lender) hereby notifies such Loan Party that United States law requires the Patriot Act, each United States Lender and the Administrative Agent is required to obtain, verify and record such information that identifies such Loan Party, which information includes as may be necessary to identify the Portfolio Manager or any Person owning twenty-five percent (25%) or more of the direct or indirect Equity Interests of the Portfolio Manager (including the name and address of such Loan Party (and certain Persons having a beneficial interest Person) in such Loan Party) and other information that will allow such Lender and accordance with the Administrative Agent, as applicable, to identify such Loan PartyPatriot Act.
Appears in 1 contract
Samples: Loan and Servicing Agreement (CION Investment Corp)
Anti-Terrorism; OFAC; Anti-Corruption. (i) None of such Loan Party nor any of its Affiliates nor, to the knowledge of such Loan Party, any Obligor (i) is a Person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such Person in any manner violative of Section 2 of such executive order, or (iii) is a Person (1) designated on OFAC's ’s list of Specially Designated Nationals and Blocked Persons or otherwise the subject of any Sanctions or (2) in violation of the limitations or prohibitions under any other Sanctions.
(ii) None of such Loan Party nor any of its Affiliates (i) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (ii) a foreign shell bank. For purposes of the forgoing, "“foreign shell bank" ” means a bank that does not maintain a physical presence in any country and is not subject to inspection by a banking authority.
(iii) No part of the proceeds of any Advance will be used by such Loan Party or any of its Affiliates, or permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), (i) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of applicable anti-corruption and anti-bribery laws, including the United States Foreign Corrupt Practices Act of 1977, as amended; (ii) to fund or facilitate any money laundering or terrorist financing activities or business, or in any other manner that would cause or result in violation of applicable anti-money laundering laws, rules or regulations, including the Patriot Act, as amended (collectively, "“Anti-Money Laundering Laws"”); or (iii) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or in any other manner that would result in a violation by any Person of any Sanctions.
(iv) No Collateral or any portion thereof is or will consist of funds, assets or other property or interests in property that is blocked or frozen pursuant to any Sanctions.
(v) Such Loan Party acknowledges by executing this Agreement that each Lender and the Administrative Agent (for itself and not on behalf of any other Lender) hereby notifies such Loan Party that United States law requires each United States Lender and the Administrative Agent to obtain, verify and record information that identifies such Loan Party, which information includes the name and address of such Loan Party (and certain Persons having a beneficial interest in such Loan Party) and other information that will allow such Lender and the Administrative Agent, as applicable, to identify such Loan Party.
Appears in 1 contract
Samples: Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.)
Anti-Terrorism; OFAC; Anti-Corruption. (i) None of such Loan Party nor any of its Affiliates Neither the Servicer nor, to the knowledge of such Loan Partythe Servicer, any Obligor of its Affiliates (i) is a Person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such Person in any manner violative of Section 2 of such executive order, or (iii) is a Person (1) designated on OFAC's list of Specially Designated Nationals and Blocked Persons or otherwise the subject of any Sanctions or (2) in violation of the limitations or prohibitions under any other Sanctions.
(ii) None of such Loan Party nor any of its Affiliates (i) The Servicer is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (ii) not a foreign shell bank. For purposes of the forgoing, "foreign shell bank" means a bank that does not maintain a physical presence in any country and is not subject to inspection by a banking authority.
(iii) No part of the proceeds of any Advance will be used by such Loan Party the Servicer or any of its AffiliatesAffiliates or, or to the knowledge of the Servicer, permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor)Person, (i) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of applicable anti-corruption and anti-bribery laws, including the United States Foreign Corrupt Practices Act of 1977, as amended; (ii) to fund or facilitate any money laundering or terrorist financing activities or business, or in any other manner that would cause or result in violation by the Servicer of applicable anti-money laundering laws, rules or regulations, including the Patriot Act, as amended (collectively, "Anti-Money Laundering Laws"); or (iii) to fund any activities or business of or with any PersonPerson that, at the time of such funding, is the subject or target of Sanctions, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctionscomprehensive Sanctions broadly prohibiting dealings in such country or territory, or in any other USActive 55323723.3 manner that would result in a violation by any Person party hereto of any Sanctions.
(iv) No To the knowledge of the Servicer, as of the applicable Cut-Off Date for each Loan Asset, no Collateral or any portion thereof related to such Loan Asset that is or will consist becoming part of the Collateral on such Cut-Off Date consists of funds, assets or other property or interests in property that is blocked or frozen pursuant to any Sanctions.
(v) Such Loan Party The Servicer acknowledges by executing this Agreement that each Lender and Lenders (or the Administrative Agent (for itself and not on behalf their behalf) have notified the Servicer that, pursuant to the requirements of any other Lender) hereby notifies such Loan Party that United States law requires the Patriot Act, each United States Lender and the Administrative Agent is required to obtain, verify and record such information that identifies such Loan Party, which information includes as may be necessary to identify the Servicer or any Person owning twenty-five percent (25%) or more of the direct or indirect Equity Interests of the Servicer (including the name and address of such Loan Party (and certain Persons having a beneficial interest Person) in such Loan Party) and other information that will allow such Lender and accordance with the Administrative Agent, as applicable, to identify such Loan PartyPatriot Act.
Appears in 1 contract
Samples: Loan and Servicing Agreement (BlackRock TCP Capital Corp.)
Anti-Terrorism; OFAC; Anti-Corruption. (i) None of such Loan Party the Servicer nor any of its Affiliates nor, to the knowledge of such Loan Partythe Servicer, any Obligor (i) is a Person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such Person in any manner violative of Section 2 of such executive order, or (iii) is a Person (1) designated on OFAC's ’s list of Specially Designated Nationals and Blocked Persons or otherwise the subject of any Sanctions or (2) in violation of the limitations or prohibitions under any other Sanctions.
(ii) None of such Loan Party the Servicer nor any of its Affiliates (i) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (ii) a foreign shell bank. For purposes of the forgoing, "“foreign shell bank" ” means a bank that does not maintain a physical presence in any country and is not subject to inspection by a banking authority.
(iii) No part of the proceeds of any Advance will be used by such Loan Party the Servicer or any of its Affiliates, or permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), (i) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of applicable anti-corruption and anti-bribery laws, including the United States Foreign Corrupt Practices Act of 1977, as amended; (ii) to fund or facilitate any money laundering or terrorist financing activities or business, or in any other manner that would cause or result in violation of applicable anti-money laundering laws, rules or regulations, including the Patriot Act, as amended (collectively, "Anti-Money Laundering Laws"); or (iii) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or in any other manner that would result in a violation by any Person of any Sanctions.
(iv) No Collateral or any portion thereof is or will consist of funds, assets or other property or interests in property that is blocked or frozen pursuant to any Sanctions.
(v) Such Loan Party The Servicer acknowledges by executing this Agreement that each Lender and the Administrative Agent (for itself and not on behalf of any other Lender) hereby notifies such Loan Party that United States law requires each United States Lender and the Administrative Agent to obtain, verify and record information that identifies such Loan Party, which information includes the name and address of such Loan Party (and certain Persons having a beneficial interest in such Loan Party) and other information that will allow such Lender and the Administrative Agent, as applicable, to identify such Loan Party.
Appears in 1 contract
Samples: Loan and Servicing Agreement (GOLUB CAPITAL BDC, Inc.)
Anti-Terrorism; OFAC; Anti-Corruption. (i) None of such Loan Party nor any of its Affiliates Neither the Servicer nor, to the knowledge of such Loan Partythe Servicer, any Obligor of its Affiliates (i) is a Person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such Person in any manner violative of Section 2 of such executive order, or (iii) is a Person (1) designated on OFAC's list of Specially Designated Nationals and Blocked Persons or otherwise the subject of any Sanctions or (2) in violation of the limitations or prohibitions under any other Sanctions.
(ii) None of such Loan Party nor any of its Affiliates (i) The Servicer is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (ii) not a foreign shell bank. For purposes of the forgoing, "foreign shell bank" means a bank that does not maintain a physical presence in any country and is not subject to inspection by a banking authority.
(iii) No part of the proceeds of any Advance will be used by such Loan Party the Servicer or any of its AffiliatesAffiliates or, or to the knowledge of the Servicer, permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor)Person, (i) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of applicable anti-corruption and anti-bribery laws, including the United States Foreign Corrupt Practices Act of 1977, as amended; (ii) to fund or facilitate any money laundering or terrorist financing activities or business, or in any other manner that would cause or result in violation by the Servicer of applicable anti-money laundering laws, rules or regulations, including the Patriot Act, as amended (collectively, "Anti-Money Laundering Laws"); or (iii) to fund any activities or business of or with any PersonPerson that, at the time of such funding, is the subject or target of Sanctions, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctionscomprehensive Sanctions broadly prohibiting dealings in such country or territory, or in any other manner that would result in a violation by any Person party hereto of any Sanctions.
(iv) No To the knowledge of the Servicer, as of the applicable Cut-Off Date for each Loan Asset, no Collateral or any portion thereof related to such Loan Asset that USActive 55125247.5 107 is or will consist becoming part of the Collateral on such Cut-Off Date consists of funds, assets or other property or interests in property that is blocked or frozen pursuant to any Sanctions.
(v) Such Loan Party The Servicer acknowledges by executing this Agreement that each Lender and Lenders (or the Administrative Agent (for itself and not on behalf their behalf) have notified the Servicer that, pursuant to the requirements of any other Lender) hereby notifies such Loan Party that United States law requires the Patriot Act, each United States Lender and the Administrative Agent is required to obtain, verify and record such information that identifies such Loan Party, which information includes as may be necessary to identify the Servicer or any Person owning twenty-five percent (25%) or more of the direct or indirect Equity Interests of the Servicer (including the name and address of such Loan Party (and certain Persons having a beneficial interest Person) in such Loan Party) and other information that will allow such Lender and accordance with the Administrative Agent, as applicable, to identify such Loan PartyPatriot Act.
Appears in 1 contract
Samples: Loan and Servicing Agreement (BlackRock TCP Capital Corp.)
Anti-Terrorism; OFAC; Anti-Corruption. (i) None of such Loan Party the Borrower nor any of its Affiliates nor, to the knowledge of such Loan Partythe Borrower, any Obligor (i) is a Person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such Person in any manner violative of Section 2 of such executive order, or (iii) is a Person (1) designated on OFAC's ’s list of Specially Designated Nationals and Blocked Persons or otherwise the subject of any Sanctions or (2) in violation of the limitations or prohibitions under any other Sanctions.
(ii) None of such Loan Party nor any of its Affiliates The Borrower is not (i) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (ii) a foreign shell bank. For purposes of the forgoing, "“foreign shell bank" ” means a bank that does not maintain a physical presence in any country and is not subject to inspection by a banking authority.
(iii) No part of the proceeds of any Advance will be used by such Loan Party the Borrower or any of its Affiliates, or permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), (i) for any payments or lend, contribute or otherwise make available such proceeds to any governmental official Person, (x) to fund any activities or employeebusiness of or with any Person that, political partyat the time of such funding, official is the subject of a political party, candidate for political officeSanctions, or anyone else acting in an official capacityany country or territory whose government is the subject of comprehensive or territory-wide Sanctions, in order to obtain, retain or direct business or obtain any improper advantage, in violation of applicable anti-corruption and anti-bribery laws, including the United States Foreign Corrupt Practices Act of 1977, as amended; (iiy) to fund or facilitate any money laundering or terrorist financing activities or businessactivities, or (z) in any other manner that would cause or result in a violation of applicable antiany Anti-money laundering lawsCorruption Laws, rules or regulations, including the Patriot Act, as amended (collectively, "Anti-Money Laundering Laws"); Laws or (iii) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or in any other manner that would result in a violation Sanctions by any Person of (including any Sanctionsparty to this Agreement).
(iv) No Collateral or any portion thereof is or will consist of funds, assets or other property or interests in property that is blocked or frozen pursuant to any Sanctions.
(v) Such Loan Party The Borrower acknowledges by executing this Agreement that each Lender and the Lenders (or the Administrative Agent (for itself and not on behalf their behalf) have notified the Borrower that, pursuant to the requirements of any other Lender) hereby notifies such Loan Party that United States law requires the Patriot Act, each United States Lender and the Administrative Agent is required to obtain, verify and record such information that identifies such Loan Party, which information includes as may be necessary to identify the Borrower or any Person owning twenty-five percent (25%) or more of the direct or indirect Equity Interests of the Borrower (including the name and address of such Loan Party Person) in accordance with the Patriot Act.
(vi) The Borrower and certain Persons having a beneficial interest in such Loan Party) its Subsidiaries and other information that Affiliates have instituted and maintained or are subject to, and will allow such Lender continue to maintain or be subject to, policies and procedures reasonably designed to promote and achieve compliance with the Administrative AgentAnti-Corruption Laws, as applicablethe Anti-Money Laundering Laws, to identify such Loan PartySanctions and with the representations and warranties contained herein.
Appears in 1 contract
Samples: Loan and Servicing Agreement (HPS Corporate Lending Fund)
Anti-Terrorism; OFAC; Anti-Corruption. (i) None of such Loan Party the Borrower nor any of its Affiliates nor, to the knowledge of such Loan Partythe Borrower, any Obligor (i) is a Person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such Person in any manner violative of Section 2 of such executive order, or (iii) is a Person (1) designated on OFAC's ’s list of Specially Designated Nationals and Blocked Persons or otherwise the subject of any Sanctions or (2) in violation of the limitations or prohibitions under any other Sanctions.
(ii) None of such Loan Party the Borrower nor any of its Affiliates (i) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (ii) a foreign shell bank. For purposes of the forgoing, "“foreign shell bank" ” means a bank that does not maintain a physical presence in any country and is not subject to inspection by a banking authority.
(iii) No part of the proceeds of any Advance will be used by such Loan Party the Borrower or any of its Affiliates, or permitted to be used by any other Person (in each case, directly or knowingly indirectly including by an Obligor), (i) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of applicable anti-corruption and anti-bribery laws, including the United States Foreign Corrupt Practices Act of 1977, as amended; (ii) to fund or facilitate any money laundering or terrorist financing activities or business, or in any other manner that would cause or result in violation of applicable anti-money laundering laws, rules or regulations, including the Patriot Act, as amended (collectively, "“Anti-Money Laundering Laws"”); or (iii) to fund or facilitate any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government isis the target of Sanctions, or the subject of comprehensive Sanctions, or in any other manner that would result in a violation by any Person of any Sanctions.
(iv) No Collateral or any portion thereof is or will consist of funds, assets or other property or interests in property that is blocked or frozen pursuant to any Sanctions.
(v) Such Loan Party The Borrower acknowledges by executing this Agreement that each Lender and the Lenders (or the Administrative Agent (for itself and not on behalf their behalf) have notified the Borrower that, pursuant to the requirements of any other Lender) hereby notifies such Loan Party that United States law requires the Patriot Act, each United States Lender and the Administrative Agent is required to obtain, verify and record such information that identifies such Loan Party, which information includes as may be necessary to identify the Borrower or any Person owning twenty-five percent (25%) or more of the direct or indirect Equity Interests of the Borrower (including the name and address of such Loan Party (and certain Persons having a beneficial interest Person) in such Loan Party) and other information that will allow such Lender and accordance with the Administrative Agent, as applicable, to identify such Loan PartyPatriot Act.
Appears in 1 contract
Samples: Loan and Servicing Agreement (Apollo Debt Solutions BDC)
Anti-Terrorism; OFAC; Anti-Corruption. (i) None of such Loan Party the Borrower nor any of its Affiliates nor, to the knowledge of such Loan Partythe Borrower, any Obligor (i) is a Person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such Person in any manner violative of Section 2 of such executive order, or (iii) is a Person (1) designated on OFAC's list of Specially Designated Nationals and Blocked Persons or otherwise the subject of any Sanctions or (2) in violation of the limitations or prohibitions under any other Sanctions.
(ii) None of such Loan Party the Borrower nor any of its Affiliates (i) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (ii) a foreign shell bank. For purposes of the forgoing, "foreign shell bank" means a bank that does not maintain a physical presence in any country and is not subject to inspection by a banking authority.
(iii) No part of the proceeds of any Advance will be used by such Loan Party the Borrower or any of its Affiliates, or permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), (i) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of applicable anti-corruption and anti-bribery laws, including the United States Foreign Corrupt Practices Act of 1977, as amended; (ii) to fund or facilitate any money laundering or terrorist financing activities or business, or in any other manner that would cause or result in violation of applicable anti-money laundering laws, rules or regulations, including the Patriot Act, as amended (collectively, "Anti-Money Laundering Laws"); or (iii) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or in any other manner that would result in a violation by any Person of any Sanctions.
(iv) No Collateral or any portion thereof is or will consist of funds, assets or other property or interests in property that is blocked or frozen pursuant to any Sanctions.
(v) Such Loan Party The Borrower acknowledges by executing this Agreement that each Lender and Lenders (or the Administrative Agent (for itself and not on behalf their behalf) have notified the Borrower that, pursuant to the requirements of any other Lender) hereby notifies such Loan Party that United States law requires the Patriot Act, each United States Lender and the Administrative Agent is required to obtain, verify and record such information that identifies such Loan Party, which information includes as may be necessary to identify the Borrower or any Person owning twenty-five percent (25%) or more of the direct or indirect Equity Interests of the Borrower (including the name and address of such Loan Party (and certain Persons having a beneficial interest Person) in such Loan Party) and other information that will allow such Lender and accordance with the Administrative Agent, as applicable, to identify such Loan PartyPatriot Act.
Appears in 1 contract
Samples: Loan and Servicing Agreement (CION Investment Corp)
Anti-Terrorism; OFAC; Anti-Corruption. (i) None of such Loan No Borrower Party nor any of its Affiliates nor, to the knowledge of such Loan Borrower Party, any Obligor (i) is a Person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such Person in any manner violative of Section 2 of such executive order, or (iii) is a Person (1) designated on OFAC's ’s list of Specially Designated Nationals and Blocked Persons or otherwise the subject of any Sanctions or (2) in violation of the limitations or prohibitions under any other Sanctions.
(ii) None of such Loan No Borrower Party nor any of its Affiliates (i) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (ii) a foreign shell bank. For purposes of the forgoing, "“foreign shell bank" ” means a bank that does not maintain a physical presence in any country and is not subject to inspection by a banking authority.
(iii) No part of the proceeds of any Advance will be used by such Loan a Borrower Party or any of its Affiliates, or permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), (i) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of applicable anti-corruption and anti-bribery laws, including the United States Foreign Corrupt Practices Act of 1977, as amended; (ii) to fund or facilitate any money laundering or terrorist financing activities or business, or in any other manner that would cause or result in violation of applicable anti-money laundering laws, rules or regulations, including the Patriot Act, as amended (collectively, "“Anti-Money Laundering Laws"”); or (iii) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or in any other manner that would result in a violation by any Person of any Sanctions.
(iv) No Collateral or any portion thereof is or will consist of funds, assets or other property or interests in property that is blocked or frozen pursuant to any Sanctions.
(v) Such Loan Party acknowledges by executing this Agreement that each Lender and the Administrative Agent (for itself and not on behalf of any other Lender) hereby notifies such Loan Party that United States law requires each United States Lender and the Administrative Agent to obtain, verify and record information that identifies such Loan Party, which information includes the name and address of such Loan Party (and certain Persons having a beneficial interest in such Loan Party) and other information that will allow such Lender and the Administrative Agent, as applicable, to identify such Loan Party.
Appears in 1 contract
Anti-Terrorism; OFAC; Anti-Corruption. (i) None of such Loan Party the Servicer nor any of its Affiliates nor, to the knowledge of such Loan Partythe Servicer, any Obligor (i) is a Person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such Person in any manner violative of Section 2 of such executive order, or (iii) is a Person (1) designated on OFAC's ’s list of Specially Designated Nationals and Blocked Persons or otherwise the subject of any Sanctions or (2) in violation of the limitations or prohibitions under any other Sanctions.
(ii) None of such Loan Party nor any of its Affiliates The Servicer is not (i) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (ii) a foreign shell bank. For purposes of the forgoing, "“foreign shell bank" ” means a bank that does not maintain a physical presence in any country and is not subject to inspection by a banking authority.
(iii) No part of the proceeds of any Advance will be used by such Loan Party the Servicer or any of its Affiliates, or permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), (i) for any payments or lend, contribute or otherwise make available such proceeds to any governmental official Person, (x) to fund any activities or employeebusiness of or with any Person that, political partyat the time of such funding, official is the subject of a political party, candidate for political officeSanctions, or anyone else acting in an official capacityany country or territory whose government is the subject of comprehensive or territory-wide Sanctions, in order to obtain, retain or direct business or obtain any improper advantage, in violation of applicable anti-corruption and anti-bribery laws, including the United States Foreign Corrupt Practices Act of 1977, as amended; (iiy) to fund or facilitate any money laundering or terrorist financing activities or businessactivities, or (z) in any other manner that would cause or result in a violation of applicable antiany Anti-money laundering lawsCorruption Laws, rules or regulations, including the Patriot Act, as amended (collectively, "Anti-Money Laundering Laws"); Laws or (iii) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or in any other manner that would result in a violation Sanctions by any Person of (including any Sanctionsparty to this Agreement).
(iv) No Collateral or any portion thereof is or will consist of funds, assets or other property or interests in property that is blocked or frozen pursuant to any Sanctions.
(v) Such Loan Party The Servicer acknowledges by executing this Agreement that each Lender and Lenders (or the Administrative Agent (for itself and not on behalf their behalf) have notified the Servicer that, pursuant to the requirements of any other Lender) hereby notifies such Loan Party that United States law requires the Patriot Act, each United States Lender and the Administrative Agent is required to obtain, verify and record such information that identifies such Loan Party, which information includes as may be necessary to identify the Servicer or any Person owning twenty-five percent (25%) or more of the direct or indirect Equity Interests of the Servicer (including the name and address of such Loan Party Person) in accordance with the Patriot Act.
(vi) The Servicer and certain Persons having a beneficial interest in such Loan Party) its Subsidiaries and other information that Affiliates have instituted and maintained or are subject to, and will allow such Lender continue to maintain or be subject to, policies and procedures reasonably designed to promote and achieve compliance with the Administrative AgentAnti-Corruption Laws, as applicablethe Anti-Money Laundering Laws, to identify such Loan PartySanctions and with the representations and warranties contained herein.
Appears in 1 contract
Samples: Loan and Servicing Agreement (HPS Corporate Lending Fund)
Anti-Terrorism; OFAC; Anti-Corruption. (i) None of such Loan Party the Borrower nor any of its Affiliates nor, to the knowledge of such Loan Partythe Borrower, any Obligor (i) is a Person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such Person in any manner violative of Section 2 of such executive order, or (iii) is a Person (1) designated on OFAC's list of Specially Designated Nationals and Blocked Persons or otherwise the subject of any Sanctions or (2) in violation of the limitations or prohibitions under any other Sanctions.
(ii) None of such Loan Party the Borrower nor any of its Affiliates (i) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (ii) a foreign shell bank. For purposes of the forgoing, "foreign shell bank" means a bank that does not maintain a physical presence in any country and is not subject to inspection by a banking authority.
(iii) No part of the proceeds of any Advance will be used by such Loan Party the Borrower or any of its Affiliates, or permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), (i) for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of applicable anti-corruption and anti-bribery laws, including the United States Foreign Corrupt Practices Act of 1977, as amended; (ii) to fund or facilitate any money laundering or terrorist financing activities or business, or in any other manner that would cause or result in violation of applicable anti-money laundering laws, rules or regulations, including the Patriot Act, as amended (collectively, "Anti-Money Laundering Laws"); or (iii) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or in any other manner that would result in a violation by any Person of any Sanctions.
(iv) No Collateral or any portion thereof is or will consist of funds, assets or other property or interests in property that is blocked or frozen pursuant to any Sanctions.
(v) Such Loan Party The Borrower acknowledges by executing this Agreement that each Lender and the Lenders (or the Administrative Agent (for itself and not on behalf their behalf) have notified the Borrower that, pursuant to the requirements of any other Lender) hereby notifies such Loan Party that United States law requires the Patriot Act, each United States Lender and the Administrative Agent is required to obtain, verify and record such information that identifies such Loan Party, which information includes as may be necessary to identify the Borrower or any Person owning twenty-five percent (25%) or more of the direct or indirect equity interests of the Borrower (including the name and address of such Loan Party (and certain Persons having a beneficial interest Person) in such Loan Party) and other information that will allow such Lender and accordance with the Administrative Agent, as applicable, to identify such Loan PartyPatriot Act.
Appears in 1 contract