Common use of Borrower’s Funds Clause in Contracts

Borrower’s Funds. Borrower represents, warrants and covenants to Lender that it has taken, and shall continue to take, such measures as are required by law to assure that the funds invested in the Borrower and/or used to make payments on the Loans are derived (a) from transactions that do not violate U.S. law nor, to the extent such funds originate outside the United States, do not violate the laws of the jurisdiction in which they originated; and (b) from permissible sources under U.S. law and to the extent such funds originate outside the United States, under the laws of the jurisdiction in which they originated. Borrower further represents, warrants and covenants to Lender that, to the best of its knowledge after making due inquiry, neither the Borrower, nor any holder of a direct or indirect interest of five percent (5%) or more in Borrower, nor any Person providing funds to Borrower (a) is under investigation by any governmental authority for, or has been charged with, or convicted of, money laundering, drug trafficking, terrorist-related activities, any crimes which in the United State would be predicate crimes to money laundering, or any violation of any Anti-Money Laundering Laws; (b) has been assessed civil or criminal penalties under any Anti-Money Laundering Laws; and (c) has had any of its funds seized or forfeited in any action under any Anti-Money Laundering Laws.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Sturm Ruger & Co Inc)

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Borrower’s Funds. (a) Borrower represents, warrants and covenants to Administrative Agent and each Lender that it has taken, and shall continue to taketake until after the Loan is fully repaid, such measures as are required by law to assure that the funds invested in the Borrower and/or used to make payments on the Loans Loan are derived (a) from transactions that do not violate U.S. United States law nor, to the extent such funds originate outside the United States, do not violate the laws of the jurisdiction in which they originated; and (b) from permissible sources under U.S. United States law and to the extent such funds originate outside the United States, under the laws of the jurisdiction in which they originated. . (b) Borrower further represents, warrants and covenants to Administrative Agent and each Lender that, to the best of its knowledge after making due inquiryknowledge, neither the Borrower, nor any Borrower Party, nor any holder of a direct or indirect interest of five percent (5%) or more in Borrower, nor any Person providing funds to Borrower (a) is under investigation by any governmental authority for, or has been charged with, or convicted of, money laundering, drug trafficking, terrorist-related activities, any crimes which in the United State States would be predicate crimes to money laundering, or any violation of any Anti-Money Laundering Laws; (b) has been assessed civil or criminal penalties under any Anti-Money Laundering Laws; and (c) has had any of its funds seized or forfeited in any action under any Anti-Money Laundering Laws.

Appears in 1 contract

Samples: Loan Agreement (Shurgard Storage Centers Inc)

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Borrower’s Funds. (1) Borrower represents, warrants and covenants to Lender that it has taken, and shall continue to taketake until after the Loan is fully repaid, such measures as are required by law to assure that the funds invested in the Borrower and/or used to make payments on the Loans Loan are derived (a) from transactions that do not violate U.S. law nor, to the extent such funds originate outside the United States, do not violate the laws of the jurisdiction in which they originated; and (b) from permissible sources under U.S. law and to the extent such funds originate outside the United States, under the laws of the jurisdiction in which they originated. . (2) Borrower further represents, warrants and covenants to Lender that, to the best of its knowledge after making due inquiry, neither the Borrower, nor any Borrower Party, nor any holder of a direct or indirect interest of five percent (5%) or more in Borrower, nor any Person providing funds to Borrower (a) is under investigation by any governmental authority for, or has been charged with, or convicted of, money laundering, drug trafficking, terrorist-related activities, any crimes which in the United State would be predicate crimes to money laundering, or any violation of any Anti-Money Laundering Laws; (b) has been assessed civil or criminal penalties under any Anti-Money Laundering Laws; and (c) has had any of its funds seized or forfeited in any action under any Anti-Money Laundering Laws.

Appears in 1 contract

Samples: Loan Agreement (Winston Hotels Inc)

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