Common use of Anti-Terrorism; OFAC; Anti-Corruption Clause in Contracts

Anti-Terrorism; OFAC; Anti-Corruption. (i) None of the Borrower nor any of its Affiliates nor, to the knowledge of the Borrower, any Obligor is a Person that is, or is owned or controlled by one or more Persons that is, (x) the subject of any Sanctions or (y) located, organized or resident in a country or territory that is, or whose government is, the subject of comprehensive territorial Sanctions (including, without limitation, Crimea, Cuba, Iran, North Korea, Syria, and the so-called Donetsk People’s Republic and the Luhansk People’s Republic). (ii) None of the Borrower nor any of its Affiliates (x) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (y) 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 the Borrower or any of its Affiliates, or to the knowledge of the Borrower, permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), nor will the Borrower or any of its Affiliates lend, contribute or otherwise make available such proceeds to any Person, (x) 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, in violation of any Sanctions, (y) to fund or facilitate any money laundering or terrorist financing activities, or (z) in any other manner that would cause or result in a violation of any Anti-Corruption Laws, Anti-Money Laundering Laws or Sanctions by any Person (including any party 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) The Borrower acknowledges by executing this Agreement that the Lenders (or the Administrative Agent on their behalf) have notified the Borrower that, pursuant to the requirements of the Patriot Act, each Lender is required to obtain, verify and record such information 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 Person) in accordance with the Patriot Act. (vi) The Borrower and its Subsidiaries and Affiliates have instituted and maintained and will continue to maintain policies and procedures reasonably designed to promote and achieve compliance with the Anti-Corruption Laws, the Anti-Money Laundering Laws, Sanctions and with the representations and warranties contained herein.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Diameter Credit Co)

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Anti-Terrorism; OFAC; Anti-Corruption. (i) None of the Borrower nor any of its Affiliates nor, to the knowledge of the Borrower, any Obligor is a Person that is, or is owned or controlled by one or more Persons that is, (x) the subject of any Sanctions or (y) located, organized or resident in a country or territory that is, or whose government is, the subject of comprehensive territorial Sanctions (including, without limitation, Crimea, Cuba, Iran, North Korea, Syria, and the so-called Donetsk People’s 's Republic and the Luhansk People’s 's Republic). (ii) None of the Borrower nor any of its Affiliates (x) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (y) 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 the Borrower or any of its Affiliates, or to the knowledge of the Borrower, permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), nor will the Borrower or any of its Affiliates lend, contribute or otherwise make available such proceeds to any Person, (x) 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, in violation of any Sanctions, (y) to fund or facilitate any money laundering or terrorist financing activities, or (z) in any other manner that would cause or result in a violation of any Anti-Corruption Laws, Anti-Money Laundering Laws or Sanctions by any Person (including any party 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) The Borrower acknowledges by executing this Agreement that the Lenders (or the Administrative Agent on their behalf) have notified the Borrower that, pursuant to the requirements of the Patriot Act, each Lender is required to obtain, verify and record such information 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 Person) in accordance with the Patriot Act. (vi) The Borrower and its Subsidiaries and Affiliates have instituted and maintained and will continue to maintain policies and procedures reasonably designed to promote and achieve compliance with the Anti-Corruption Laws, the Anti-Money Laundering Laws, Sanctions and with the representations and warranties contained herein.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Diameter Credit Co)

Anti-Terrorism; OFAC; Anti-Corruption. (i) None of the Borrower nor any of its Affiliates nor, to the knowledge of the Borrower, any Obligor is a Person that is, or is owned or controlled by one or more Persons that is, (x) the subject of any Sanctions or (y) located, organized or resident in a country or territory that is, or whose government is, the subject of comprehensive territorial Sanctions (including, without limitation, Crimea, Cuba, Iran, North Korea, Syria, and the so-called Donetsk People’s 's Republic and the Luhansk People’s 's Republic). (ii) None of the The Borrower nor any of its Affiliates is not (x) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (y) 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 the Borrower or any of its Affiliates, or or, to the knowledge of the Borrower, permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), nor will the Borrower or any of its Affiliates lend, contribute or otherwise make available such proceeds to any Person, (x) to fund any activities or business of or with any Person or in any country or territoryPerson, that, at the time of such funding, is, or whose government is, is the subject of Sanctions, in violation of any Sanctions, (y) to fund or facilitate any money laundering or terrorist financing activities, or (z) in any other manner that would cause or result in a violation of any Anti-Corruption Laws, Anti-Money Laundering Laws or Sanctions by any Person (including any party 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) The Borrower acknowledges by executing this Agreement that the Lenders (or the Administrative Agent on their behalf) have notified the Borrower that, pursuant to the requirements of the Patriot Act, each Lender is required to obtain, verify and record such information 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 Person) in accordance with the Patriot Act. (vi) The Borrower and its Subsidiaries and Affiliates have instituted and maintained or are subject to, and will continue to maintain or be subject to, policies and procedures reasonably designed to promote and achieve compliance with the Anti-Corruption Laws, the Anti-Money Laundering Laws, Sanctions and with the representations and warranties contained herein.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Antares Private Credit Fund)

Anti-Terrorism; OFAC; Anti-Corruption. (i) None of the Borrower nor any of Borrower, its Affiliates norsubsidiaries, their respective directors or officers or, to the knowledge of the Borrower, their respective agents or employees nor any of the Borrower's Affiliates nor, to the actual knowledge of the Borrower, any Obligor is (i) a Person that is, or is owned or controlled by one or more Persons that is, (x) the subject of any Sanctions Sanctioned Person; or (yii) located, organized or resident in a country or territory that is, or whose government is, the subject breach of comprehensive territorial Sanctions (including, without limitation, Crimea, Cuba, Iran, North Korea, Syria, and the so-called Donetsk People’s Republic and the Luhansk People’s Republic)Sanctions. (ii) None of the Borrower nor any of its Affiliates (x) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (y) is 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 the Borrower or any of its Affiliates, or to the knowledge of the Borrower, permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), nor will the Borrower or any of its Affiliates to lend, contribute or otherwise make available such proceeds to any Person, (x) to fund or facilitate any activities or business of or agreement, transaction or dealing with any Person or in any country or territory, that, at for the time of such funding, is, or whose government is, the subject of Sanctions, in violation benefit of any SanctionsSanctioned Person (or involving any property thereof) or involving any Sanctioned Territory, (y) to fund or facilitate any money laundering or terrorist financing activities, or (z) in any other manner that would cause or result in a violation of any Anti-Corruption Laws, Anti-Money Laundering Laws or Sanctions by any Person (including any party 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) The Borrower acknowledges by executing this Agreement that the Lenders (or the Administrative Agent on their behalf) have notified the Borrower that, pursuant to the requirements of the Patriot Act, each Lender is required to obtain, verify and record such information as may be necessary to identify the Borrower or any Person owning twenty-five twenty‑five percent (25%) or more of the direct or indirect Equity Interests of the Borrower (including the name and address of such Person) in accordance with the Patriot Act. (vi) The Borrower and its Subsidiaries and Affiliates have instituted and maintained and will continue to maintain policies and procedures reasonably designed to promote and achieve compliance with the Anti-Corruption Laws, the Anti-Money Laundering Laws, Sanctions and with the representations and warranties contained herein.

Appears in 1 contract

Samples: Loan and Servicing Agreement (AGTB Private BDC)

Anti-Terrorism; OFAC; Anti-Corruption. (i) None of the Borrower nor any of Manager, its Affiliates norsubsidiaries, their respective directors or officers or, to the knowledge of the BorrowerManager, their respective agents or employees nor any of the Manager’s Affiliates nor, to the actual knowledge of the Manager, any Obligor is (i) a Person that is, or is owned or controlled by one or more Persons that is, (x) the subject of any Sanctions Sanctioned Person; or (yii) located, organized or resident in a country or territory that is, or whose government is, the subject breach of comprehensive territorial Sanctions (including, without limitation, Crimea, Cuba, Iran, North Korea, Syria, and the so-called Donetsk People’s Republic and the Luhansk People’s Republic)Sanctions. (ii) None of the Borrower nor Manager nor, to the knowledge of the Manager, any of its Affiliates (x) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (y) 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 the Borrower Manager or any of its Affiliates, or to the knowledge of the Borrower, permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), nor will the Borrower or any of its Affiliates to lend, contribute or otherwise make available such proceeds to any Person, (x) to fund or facilitate any activities or business of or agreement, transaction or dealing with any Person or in any country or territory, that, at for the time of such funding, is, or whose government is, the subject of Sanctions, in violation benefit of any SanctionsSanctioned Person (or involving any property thereof) or involving any Sanctioned Territory, (y) to fund or facilitate any money laundering or terrorist financing activities, or (z) in any other manner that would cause or result in a violation of any Anti-Corruption Laws, Anti-Money Laundering Laws or Sanctions by any Person (including any party 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) The Borrower Manager acknowledges by executing this Agreement that the Lenders (or the Administrative Agent on their behalf) have notified the Borrower Manager that, pursuant to the requirements of the Patriot Act, each Lender is required to obtain, verify and record such information as may be necessary to identify the Borrower Manager or any Person owning twenty-five percent (25%) or more of the direct or indirect Equity Interests of the Borrower Manager (including the name and address of such Person) in accordance with the Patriot Act. (vi) The Borrower Manager has used commercially reasonable efforts to institute and its Subsidiaries and Affiliates have instituted and maintained and will continue to maintain policies and procedures reasonably designed to promote and achieve compliance with the Anti-Corruption Laws, the Anti-Money Laundering Laws, Sanctions and with the representations and warranties contained hereinherein concerning the subject matter of this clause (n).

Appears in 1 contract

Samples: Loan and Security Agreement (Stepstone Private Credit Fund LLC)

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Anti-Terrorism; OFAC; Anti-Corruption. (i) None of the Borrower nor any of its Affiliates nor, to the knowledge of the Borrower, any Obligor is a Person that is, or is owned or controlled by one or more Persons that is, (x) the subject of any Sanctions or (y) located, organized or resident in a country or territory that is, or whose government is, the subject of comprehensive territorial Sanctions (including, without limitation, Crimea, Cuba, Iran, North Korea, Syria, and the so-called Donetsk People’s 's Republic and the Luhansk People’s 's Republic). (ii) None of the Borrower nor any of its Affiliates (x) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (y) 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 the Borrower or any of its Affiliates, or to the knowledge of the Borrower, permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), nor will the Borrower or any of its Affiliates lend, contribute or otherwise make available such proceeds to any Person, (x) 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, in violation of any Sanctions, (y) to fund or facilitate any money laundering or terrorist financing activities, or (z) in any other manner that would cause or result in a violation of any Anti-Corruption Laws, Anti-Money Laundering Laws or Sanctions by any Person (including any party 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) The Borrower acknowledges by executing this Agreement that the Lenders (or the Administrative Agent on their behalf) have notified the Borrower that, pursuant to the requirements of the Patriot Act, each Lender is required to obtain, verify and record such information 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 Person) in accordance with the Patriot Act. (vi) The Borrower and its Subsidiaries and Affiliates have instituted and maintained and will continue to maintain policies and procedures reasonably designed to promote and achieve compliance with the Anti-Corruption Laws, the Anti-Money |US-DOCS\148390876.14|| Laundering Laws, Sanctions and with the representations and warranties contained herein.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Diameter Credit Co)

Anti-Terrorism; OFAC; Anti-Corruption. (i) None of the Borrower nor any of Servicer, its Affiliates norsubsidiaries, their respective directors or officers or, to the knowledge of the BorrowerServicer, their respective agents or employees nor any of the Servicer's Affiliates nor, to the actual knowledge of the Servicer, any Obligor is (i) a Person that is, or is owned or controlled by one or more Persons that is, (x) the subject of any Sanctions Sanctioned Person; or (yii) located, organized or resident in a country or territory that is, or whose government is, the subject breach of comprehensive territorial Sanctions (including, without limitation, Crimea, Cuba, Iran, North Korea, Syria, and the so-called Donetsk People’s Republic and the Luhansk People’s Republic)Sanctions. (ii) None of the Borrower Servicer nor any of its Affiliates (x) is a Politically Exposed Person, immediate family member of a Politically Exposed Person or close associate of a Politically Exposed Person; or (y) 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 the Borrower Servicer or any of its Affiliates, or to the knowledge of the Borrower, permitted to be used by any other Person (in each case, directly or indirectly including by an Obligor), nor will the Borrower or any of its Affiliates to lend, contribute or otherwise make available such proceeds to any Person, (x) to fund or facilitate any activities or business of or agreement, transaction or dealing with any Person or in any country or territory, that, at for the time of such funding, is, or whose government is, the subject of Sanctions, in violation benefit of any SanctionsSanctioned Person (or involving any property thereof) or involving any Sanctioned Territory, (y) to fund or facilitate any money laundering or terrorist financing activities, or (z) in any other manner that would cause or result in a violation of any Anti-Corruption Laws, Anti-Money Laundering Laws or Sanctions by any Person (including any party 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) The Borrower Servicer acknowledges by executing this Agreement that the Lenders (or the Administrative Agent on their behalf) have notified the Borrower Servicer that, pursuant to the requirements of the Patriot Act, each Lender is required to obtain, verify and record such information as may be necessary to identify the Borrower Servicer or any Person owning twenty-five twenty‑five percent (25%) or more of the direct or indirect Equity Interests of the Borrower Servicer (including the name and address of such Person) in accordance with the Patriot Act. (vi) The Borrower Servicer and its Subsidiaries and Affiliates have instituted and maintained and will continue to maintain policies and procedures reasonably designed to promote and achieve compliance with the Anti-Corruption Laws, the Anti-Money Laundering Laws, Sanctions and with the representations and warranties contained hereinherein concerning the subject matter of this clause (p).

Appears in 1 contract

Samples: Loan and Servicing Agreement (AGTB Private BDC)

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