Common use of Certain Business Practices Clause in Contracts

Certain Business Practices. Neither Company nor any Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 6 contracts

Samples: Agreement and Plan of Merger and Reorganization (Multex Com Inc), Merger Agreement (Sapiens International Corp N V), Agreement and Plan of Merger and Reorganization (Multex Com Inc)

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Certain Business Practices. Neither the Company nor any Company Subsidiary nor any directors, officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (iii) made any other unlawful payment.

Appears in 5 contracts

Samples: Agreement and Plan of Merger and Reorganization (724 Solutions Inc), Stock Purchase Agreement (Jupiter Communications Inc), Agreement and Plan of Merger and Reorganization (About Com Inc)

Certain Business Practices. Neither Company nor None of the Company, any Company Subsidiary nor of its subsidiaries or any directors, officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) of its subsidiaries has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (iii) made any other unlawful payment.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (GRC International Inc), Agreement and Plan of Merger (McNichols Gerald R), Agreement and Plan of Merger (Dimark Inc)

Certain Business Practices. Neither Company nor the Company, any of its Subsidiaries, nor, to the knowledge of the Company, any Company Subsidiary nor Employee with respect to any directorsmatter relating to the Company and its Subsidiaries, officers, agents or employees of Company or any Company Subsidiary has: (in their capacities as such) has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity activity; or (iib) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Versant Corp), Agreement and Plan of Merger (LEO Pharma a/S), Agreement and Plan of Merger (Peplin Inc)

Certain Business Practices. Neither Company nor None of the Company, any Company Subsidiary nor or, to the Company’s knowledge, any directors, directors or officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) Subsidiary, has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity; (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended; or (iii) made any payment in the nature of criminal bribery.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Genesis Microchip Inc /De), Agreement and Plan of Merger (Edwards J D & Co), Agreement and Plan of Merger (Stmicroelectronics Nv)

Certain Business Practices. Neither Company nor any Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (iii) made any other unlawful payment.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Seat Pagine Gialle Spa), Agreement and Plan of Merger and Reorganization (Doubleclick Inc), Agreement and Plan of Merger and Reorganization (Netcreations Inc)

Certain Business Practices. Neither Company nor any Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has (i) used any funds of the Company for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or (ii) made any unlawful payment by the Company to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 4 contracts

Samples: Stockholder Agreement (Doubleclick Inc), Agreement and Plan of Merger and Reorganization (Abacus Direct Corp), Agreement and Plan of Merger and Reorganization (Doubleclick Inc)

Certain Business Practices. Neither the Company, its Subsidiaries or, to the knowledge of the Company, any director, officer, employee or agent of the Company nor any Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary has: (in their capacities as such) has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses payments relating to political activity or activity; (iib) made any unlawful payment to any foreign or domestic government officials official or employees employee or to any foreign or domestic political parties party or campaigns campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended; or (c) made any other unlawful payment.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Connectiv Corp), Agreement and Plan of Merger (Excelon Corp), Agreement and Plan of Merger (Connectiv Corp)

Certain Business Practices. Neither Company nor None of the Company, any Company Subsidiary nor or any directors, directors or officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) Subsidiary, has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity; (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended; or (iii) made any payment in the nature of criminal bribery.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Kforce Inc), Agreement and Plan of Merger (Hall Kinion & Associates Inc), Agreement and Plan of Merger (Kforce Inc)

Certain Business Practices. Neither Company nor any Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 3 contracts

Samples: Agreement and Plan of Merger and Reorganization (Epoch Biosciences Inc), Agreement and Plan of Merger and Reorganization (At Plan Inc), Agreement and Plan of Merger (At Plan Inc)

Certain Business Practices. Neither Company nor None of the Company, any Company Subsidiary nor or, to the Company’s knowledge, any directors, directors or officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) Subsidiary, has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity; (iib) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended; or (c) made any payment in the nature of criminal bribery.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Temasek Holdings LTD), Agreement and Plan of Merger And (Chippac Inc), Agreement and Plan of Merger And (Chippac Inc)

Certain Business Practices. Neither the Company nor (to the best of the knowledge of the Company) any director, officer, agent or employee of the Company Subsidiary nor any directorshas, officers, agents or employees on behalf of the Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (iii) made any other unlawful payment.

Appears in 3 contracts

Samples: Agreement and Plan of Merger and Reorganization (Meridian Data Inc), Agreement and Plan of Merger and Reorganization (Quantum Corp /De/), Agreement and Plan of Merger and Reorganization (Snap Appliances Inc)

Certain Business Practices. Neither Company nor None of the Company, any Company Subsidiary nor or, to the knowledge of the Company, any directors, directors or officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) Subsidiary, has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amendedamended (the “FCPA”).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Nokia Corp), Agreement and Plan of Merger (Navteq Corp)

Certain Business Practices. Neither the Company nor any director, officer, agent or employee of the Company Subsidiary nor any directorshas, officers, agents or employees on behalf of the Company or any Company Subsidiary (in their capacities as such) has (i) used any funds of the Company for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or any other federal, foreign, or state anti-corruption or anti-bribery Law or requirement applicable to the Company.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Lifecell Corp), Agreement and Plan of Merger (Kinetic Concepts Inc /Tx/)

Certain Business Practices. Neither None of the Company nor Entities nor, to the knowledge of the Company, any director, officer, agent or employee of any of the Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) Entities has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (iii) made any other unlawful payment.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Med-Design Corp), Agreement and Plan of Merger and Reorganization (Specialized Health Products International Inc)

Certain Business Practices. (a) Neither the Company nor any Company Subsidiary nor any directors, officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated (iii) made any provision of the Foreign Corrupt Practices Act of 1977bribe, as amendedrebate, payoff, influence payment, kickback or other similar unlawful payment.

Appears in 2 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement (Adept Technology Inc)

Certain Business Practices. Neither Company nor any Company Subsidiary nor any directors, officers, agents or employees of the Company or any of its Subsidiaries nor any director, officer, employee or agent of the Company Subsidiary (in their capacities as such) or any of its Subsidiaries has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or (iib) made any unlawful payment to foreign any government official or domestic government officials or employees employee or to foreign any political party or domestic political parties or campaigns campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (BMC Software Inc), Agreement and Plan of Merger (Marimba Inc)

Certain Business Practices. Neither Company nor None of Company, any Company Subsidiary nor any of their respective directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (iii) made any other unlawful payment, gift or contribution.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Messagemedia Inc), Agreement and Plan of Merger and Reorganization (Doubleclick Inc)

Certain Business Practices. Neither the Company nor any Company Subsidiary nor any directorsSubsidiary, officersand no director, agents officer, agent or employees employee of the Company or any Company Subsidiary (in their capacities as such) Subsidiary, has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or any other federal, foreign or state anti-corruption or anti-bribery Law or requirement applicable to the Company or the Company Subsidiaries.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Turbochef Technologies Inc), Agreement and Plan of Merger (Middleby Corp)

Certain Business Practices. Neither None of the Company nor or any Subsidiary of the Company Subsidiary nor or, to the knowledge of the Company, any directors, directors or officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) of the Company, has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Dow Chemical Co /De/), Agreement and Plan of Merger (Rohm & Haas Co)

Certain Business Practices. Neither the Company nor nor, to the Knowledge of the Company, any director, officer, employee or agent of the Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has has: (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses payments relating to political activity or activity; (ii) made any unlawful payment to any foreign or domestic government officials official or employees employee or to any foreign or domestic political parties party or campaigns campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended; or (iii) made any other unlawful payment.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Curagen Corp), Agreement and Plan of Merger (Celldex Therapeutics, Inc.)

Certain Business Practices. Neither Company nor the Company, any Company Subsidiary nor of its Subsidiaries or, to the knowledge of the Company, any directorsdirector, officersofficer, agents employee or employees agent of the Company or any Company Subsidiary of its Subsidiaries has: (in their capacities as such) has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses payments relating to political activity activity; or (iib) made any unlawful payment to any foreign or domestic government officials official or employees employee or to any foreign or domestic political parties party or campaigns campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 2 contracts

Samples: Recapitalization Agreement (Neff Finance Corp.), Agreement and Plan of Merger (Neff Rental LLC)

Certain Business Practices. Neither Company nor None of the Company, any Company Subsidiary nor of its Subsidiaries or, to the Company’s knowledge, any directors, directors or officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) of its Subsidiaries, has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity; (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated (iii) made any provision payment in the nature of the Foreign Corrupt Practices Act of 1977, as amendedcriminal bribery.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Education Lending Group Inc), Agreement and Plan of Merger (Cit Group Inc)

Certain Business Practices. Neither the Company nor nor, to the Knowledge of the Company, any Company Subsidiary nor any directorsdirector, officersofficer, agents agent or employees employee of Company or any Company Subsidiary (in their capacities as such) the Company, has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (iib) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (c) made any other unlawful payment.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Actelion US Holding CO), Agreement and Plan of Merger (Cotherix Inc)

Certain Business Practices. Neither the Company nor any officer, employee or agent of the Company Subsidiary on behalf of the Company, nor any directorsthe Member, officers, agents or employees of Company or any Company Subsidiary has: (in their capacities as such) has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses payments relating to political activity or activity, (iib) made any unlawful payment to any foreign or domestic government officials official or employees employee or to any foreign or domestic political parties party or campaigns campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or any similar applicable Law.

Appears in 2 contracts

Samples: Asset Purchase Agreement (DJSP Enterprises, Inc.), Asset Purchase Agreement (Homeland Security Capital CORP)

Certain Business Practices. Neither the Company nor any Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) the Company, has (ia) used any Company funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity, (iib) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended1977 or (c) made any payment which constitutes criminal bribery under applicable Law.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Caliper Life Sciences Inc)

Certain Business Practices. Neither the Company nor any director, officer, agent or employee of the Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (iib) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (c) made any other unlawful payment.

Appears in 1 contract

Samples: Stock Purchase Agreement (Turbochef Technologies Inc)

Certain Business Practices. Neither the Company nor any Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) its subsidiaries has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating payments related to a political activity or (ii) made any unlawful payment to any foreign or domestic government officials official or employees employee or to any foreign or domestic political parties party or campaigns campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Eci Telecom LTD/)

Certain Business Practices. Neither The Company has not, nor to the Knowledge of the Company has any Company Subsidiary nor director, officer, agent or employee of any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has the Company's (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (iii) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Applied Nanoscience Inc.)

Certain Business Practices. Neither the Company nor any Company Subsidiary nor any of its respective directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) employees, has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity; (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended1977 or (iii) made any payment in the nature of criminal bribery.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Victory Acquisition Corp)

Certain Business Practices. Neither None of the Company, any Subsidiary of the Company nor nor, to the knowledge of the Company, any Company Subsidiary nor any of their respective directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has have (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or (iib) made any unlawful payment to any foreign or domestic government officials or employees or to any foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Subscription Agreement (Pitney Bowes Inc /De/)

Certain Business Practices. Neither the Company nor any Company Subsidiary its Subsidiary, nor any directorsdirector, officersofficer, agents employee, consultant or employees agent of the Company or any Company its Subsidiary (in their capacities as such) has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses payments relating to political activity or activity, (iib) made any unlawful payment to any foreign or domestic government officials official or employees employee or to any foreign or domestic political parties party or campaigns campaign or violated any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended, or (c) made any other similar unlawful payment under any similar foreign Laws.

Appears in 1 contract

Samples: Agreement and Plan of Merger (AOL Inc.)

Certain Business Practices. Neither the Company nor nor, to the Company’s knowledge, any Company Subsidiary nor any directors, directors or officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) the Company, has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity; (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended; or (iii) made any payment in the nature of criminal bribery.

Appears in 1 contract

Samples: Stock Purchase Agreement (Natus Medical Inc)

Certain Business Practices. Neither (a) To the Knowledge of the Company, neither the Company nor any director, officer, employee or agent of the Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has has: (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses payments relating to political activity or activity; (ii) made any unlawful payment to any foreign or domestic government officials official or employees employee or to any foreign or domestic political parties party or campaigns campaign; or violated (iii) made any provision of the Foreign Corrupt Practices Act of 1977, as amendedother unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Tasty Baking Co)

Certain Business Practices. Neither To the knowledge of the Sellers, neither the Company nor any director, Employee, Representative, consultant or Affiliate of the Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses payments relating to political activity activity, or (ii) made any unlawful payment to any foreign or domestic government officials official or employees employee or to any foreign or domestic political parties party or campaigns campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Wako Logistics Group Inc)

Certain Business Practices. (a) Neither Company nor nor, to the knowledge of Company, any Company Subsidiary nor any directorsdirector, officersofficer, agents employee or employees agent of Company or any Company Subsidiary (in their capacities as such) has has: (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses payments relating to political activity or activity; (ii) made any unlawful payment to any foreign or domestic government officials official or employees employee or to any foreign or domestic political parties party or campaigns campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended; or (iii) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Vaxgen Inc)

Certain Business Practices. Neither Company To the knowledge of the Company, neither it nor any director, officer, employee or agent of the Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has (i) used any Company funds for unlawful contributions, gifts, entertainment or other unlawful expenses payments relating to political activity or activity; (ii) made any unlawful payment of Company funds to any foreign or domestic government officials official or employees employee or to any foreign or domestic political parties party or campaigns campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended; or (iii) made any other unlawful payment utilizing Company funds.

Appears in 1 contract

Samples: Contribution Agreement (Amalgamated Technologies Inc)

Certain Business Practices. Neither the Company nor or any Company Subsidiary of its subsidiaries nor any directors, officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) of its subsidiaries has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (iii) made any other unlawful payment.

Appears in 1 contract

Samples: Non Competition, Non Solicitation and Non Hire Agreement (Peoplesoft Inc)

Certain Business Practices. Neither the Company nor any director, officer, stockholder, agent, or employee of the Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary has: (in their capacities as such) has (ia) used any funds on behalf of the Company for unlawful contributions, gifts, entertainment entertainment, or other unlawful expenses relating to political activity or activity; (iib) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended; or (c) made any other unlawful payment.

Appears in 1 contract

Samples: Stock Purchase Agreement (Rapid Link Inc)

Certain Business Practices. Neither None of the Company nor any director or officer, nor, to the Company's knowledge, any agent or employee of any of the Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (iib) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns campaigns, or violated (c) made any provision of the Foreign Corrupt Practices Act of 1977, as amendedother unlawful payment. 2.13.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Rf Micro Devices Inc)

Certain Business Practices. Neither None of the Company nor or any Company Subsidiary nor or, to the Knowledge of the Company, any directors, officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Practice Act of 1977, as amendedamended or (iii) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Kratos Defense & Security Solutions, Inc.)

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Certain Business Practices. Neither Company nor None of the Company, any Company Subsidiary nor of its subsidiaries or any directors, officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) has of its subsidiaries has: (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (iii) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Racing Champions Corp)

Certain Business Practices. Neither the Company and any of its subsidiaries nor any Company Subsidiary nor any directorsdirector, officersofficer, agents agent or employees employee of the Company or any Company Subsidiary (in their capacities as such) has of its subsidiaries has: (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity; (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended; or (iii) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Quality Semiconductor Inc)

Certain Business Practices. Neither the Company nor nor, to the knowledge of the Company, any director, officer, employee or agent of the Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has has: (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses payments relating to political activity or activity; (ii) made any unlawful payment to any foreign or domestic government officials official or employees employee or to any foreign or domestic political parties party or campaigns campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended; or (iii) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Paradigm Genetics Inc)

Certain Business Practices. Neither the Company nor nor, to the -------------------------- knowledge of the Company, any person acting on behalf of the Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (iii) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Virata Corp)

Certain Business Practices. Neither the Company nor or any Company Subsidiary Subsidiary, nor any directors, officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (iii) made any other unlawful payment.

Appears in 1 contract

Samples: Share Purchase Agreement (Ravisent Technologies Inc)

Certain Business Practices. Neither Company nor any Company the Company, its Subsidiary nor any directors, officers, agents or employees of the Company or any Company its Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity; (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended; or (iii) made any other payment prohibited by applicable Law.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Envirogen Inc)

Certain Business Practices. Neither Company the Company, nor any Company Subsidiary nor any of its respective directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) employees, has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or (iib) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ediets Com Inc)

Certain Business Practices. Neither Company nor any Company Subsidiary nor any To the Knowledge of the Company, no directors, officers, agents or employees of Company or any Company Subsidiary the Company, have (in their capacities as such) has (ia) used any funds of the Company for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or expenses; (iib) made any unlawful payment with Company funds to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended1977 or (c) made any payment with Company funds or improperly provided anything of value in the nature of bribery.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Acorda Therapeutics Inc)

Certain Business Practices. Neither the Company nor nor, to the Knowledge of the Company, any Company Subsidiary nor any of its respective directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) employees, has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity; (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended1977 or (iii) made any payment in the nature of criminal bribery.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Audiocodes LTD)

Certain Business Practices. Neither Company nor any Company Subsidiary nor Each of the Company, and to the knowledge of the Company, any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) the Company, has not (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Medical Nutrition Usa Inc)

Certain Business Practices. Neither the Company nor any director, officer, employee or agent of the Company Subsidiary nor any directors, officers, agents or employees on behalf of the Company or any Company Subsidiary (in their capacities as such) has has: (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses payments relating to political activity or activity, (ii) made any unlawful payment to any foreign or domestic government officials official or employees employee or to any foreign or domestic political parties party or campaigns campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (iii) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alloy Inc)

Certain Business Practices. Neither the Company nor nor, to the knowledge of the Company, any director, officer, agent, or employee of the Company Subsidiary nor any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has (ia) used any funds on behalf of the Company for unlawful contributions, gifts, entertainment entertainment, or other unlawful expenses relating to political activity or activity; (iib) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended; or (c) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (CPS Systems Inc)

Certain Business Practices. Neither None of the Company nor any Company Subsidiary nor or, to the Knowledge of the Company, any directors, officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Practice Act of 1977, as amendedamended or (iii) made any other unlawful payment.

Appears in 1 contract

Samples: Merger Agreement (Wireless Facilities Inc)

Certain Business Practices. Neither Company any of the Acquired Corporations nor any Company Subsidiary nor of their directors or officers or, to the Knowledge of the Company, any directors, officers, of their other agents or employees of Company or any Company Subsidiary (in their capacities as such) employees, has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity activity, or (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dot Hill Systems Corp)

Certain Business Practices. Neither Company nor None of the Company, any Company Subsidiary nor of its Subsidiaries or any directors, officers, directors or officers or agents or employees of the Company or any Company Subsidiary (in their capacities as such) of its Subsidiaries has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (iii) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Docent Inc)

Certain Business Practices. Neither the Company nor nor, to the Company’s knowledge, any director or officer or employee of the Company Subsidiary nor any directors(on behalf of the Company), officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or (ii) activity, made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or made any payments in the nature of criminal bribery.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Avi Biopharma Inc)

Certain Business Practices. Neither Company nor None of the Company, or any Company Subsidiary nor any directors, directors or officers, employees or, to the Knowledge of the Company, agents or employees of Company or any Company Subsidiary (in their capacities as such) the Company, has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity; (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended; or (iii) made any payment in the nature of criminal bribery.

Appears in 1 contract

Samples: Stock Purchase Agreement (Kforce Inc)

Certain Business Practices. Neither Company nor None of the Company, any Company Subsidiary nor or, to the Company's Knowledge, any directors, officers, agents director or employees officer or employee of the Company or any Company Subsidiary (in their capacities as such) on behalf of the Company or any Subsidiary), has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or (ii) activity, made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or made any payments in the nature of criminal bribery.

Appears in 1 contract

Samples: Agreement and Plan of Merger (American Technical Ceramics Corp)

Certain Business Practices. Neither the Company nor nor, to the Company’s Knowledge, any director or officer or employee of the Company Subsidiary nor any directors(on behalf of the Company), officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or (ii) activity, made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or made any payments in the nature of criminal bribery.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Apex Bioventures Acquisition Corp)

Certain Business Practices. Neither the Company nor any Company Subsidiary nor nor, to the Company’s knowledge, any directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) the Company, has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity, (iib) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended1977 or (c) made any payment which constitutes criminal bribery under applicable Law.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Princeton Review Inc)

Certain Business Practices. Neither Company the Company, any of its Subsidiaries nor any Company Subsidiary nor any of their respective directors, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) employees, has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating related to political activity or activity; (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended1977 or (iii) made any payment in the nature of criminal bribery.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Audiocodes LTD)

Certain Business Practices. Neither None of the Company, the Company nor any Company Subsidiary Subsidiaries, nor any directors, officers, agents agents, or employees of the Company or any Company Subsidiary (in their capacities as such) has (i) used any funds of the Company for unlawful contributions, gifts, entertainment entertainment, or other unlawful expenses relating to political activity or (ii) made any unlawful payment by the Company to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Simula Inc)

Certain Business Practices. Neither Company nor any Company Subsidiary nor any directors, officers, agents or employees of the Company or any manager, officer, employee or agent of the Company Subsidiary on behalf of the Company, nor any Member, has: (in their capacities as such) has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses payments relating to political activity or activity, (iib) made any unlawful payment to any foreign or domestic government officials official or employees employee or to any foreign or domestic political parties party or campaigns campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (c) made any other unlawful payment.

Appears in 1 contract

Samples: Asset Purchase Agreement (Timios National Corp)

Certain Business Practices. Neither the Company nor any Company Subsidiary nor any directorsand, officersto the Knowledge of the Company, agents no director, officer, agent or employees employee of the Company or any Company Subsidiary (in their capacities as such) Subsidiary, has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (iib) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (c) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Concur Technologies Inc)

Certain Business Practices. Neither Company nor None of the Company, any Company Subsidiary nor of its Subsidiaries or any directors, officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) has of its Subsidiaries has, within the past five years, (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses, including but not limited to unlawful expenses relating related to political activity activity, or (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Agreement and Plan of Merger (STV Group Inc)

Certain Business Practices. Neither The Company nor any has not, and (to the Knowledge of the Company) no director, officer, agent or employee of the Company Subsidiary nor any directorshas, officers, agents or employees of Company or any Company Subsidiary (in their capacities as such) has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (iib) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (c) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Newlink Genetics Corp)

Certain Business Practices. Neither the Company nor any Company Subsidiary nor nor, to the Knowledge of the Company, any directors, officers, agents or employees of the Company or any Company Subsidiary (in their capacities as such) has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity or activity, (ii) made any unlawful payment to foreign or domestic government officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, or (iii) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Liveperson Inc)

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