Certain Payments. Neither the Company nor any Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employee, or other Person associated with or acting on behalf of any of them, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any Subsidiary, or (iv) in violation of any Requirement of Law, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 11 contracts
Samples: Securities Purchase Agreement (Seven Stars Cloud Group, Inc.), Securities Purchase Agreement (Wecast Network, Inc.), Securities Purchase Agreement (Wecast Network, Inc.)
Certain Payments. Neither the Company nor any Subsidiary nor, to the knowledge Knowledge of the Company, any director, officer, agent, employee, or other Person associated with or acting on behalf of any of themthe Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing businessbusiness for the Company, (ii) to pay for favorable treatment for business securedsecured by the Company, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any SubsidiaryCompany, or (iv) in violation of any Requirement of Law, or (b) established or maintained any fund or asset with respect to the Company that has not been be recorded in the books and records of the Company.
Appears in 8 contracts
Samples: Asset Purchase Agreement (Soy Energy, LLC), Asset Purchase Agreement (Western Iowa Energy, L.L.C.), Asset Purchase Agreement (Western Iowa Energy, L.L.C.)
Certain Payments. Neither the Company nor any Subsidiary norShareholder, to the knowledge of the Company, any director, officer, agent, employeeor employee of the Company, or any other Person person associated with or acting for or on behalf of any of themthe Company, has directly or indirectly (ai) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, kickback or other payment to any Personperson, private or public, regardless of form, whether in money, property, or services (iA) to obtain favorable treatment in securing business, (iiB) to pay for favorable treatment for business secured, (iiiC) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate affiliate of the Company or any SubsidiaryCompany, or (ivD) in violation of any Requirement of Lawlaw, or (bii) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Service Experts Inc), Merger Agreement (Service Experts Inc), Combination Agreement (Service Experts Inc)
Certain Payments. Neither the Company nor any Subsidiary nor, to the knowledge Knowledge of the Company, any directormanager, officer, agent, employee, or other Person associated with or acting on behalf of any of themthe Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing businessbusiness for the Company, (ii) to pay for favorable treatment for business securedsecured by the Company, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any SubsidiaryCompany, or (iv) in violation of any Requirement of Law, or (b) established or maintained any fund or asset with respect to the Company that has not been be recorded in the books and records of the Company.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Blackhawk Biofuels, LLC), Agreement and Plan of Merger (Blackhawk Biofuels, LLC), Merger Agreement (Blackhawk Biofuels, LLC)
Certain Payments. Neither the Company nor any Subsidiary norof its directors, to the knowledge of the Companyofficers, agents or employees or any director, officer, agent, employee, other person or other Person entity associated with or acting for or on behalf of any of themthe Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, kickback or other payment to any Personperson or entity, private or public, regardless of form, whether in money, property, property or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, or (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any Subsidiary, or (iv) in violation of any Requirement of LawCompany, or (b) established or maintained any fund or asset that has not been recorded in on the books and records of the Company.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Chesapeake Biological Laboratories Inc), Preferred Stock Purchase Agreement (Chesapeake Biological Laboratories Inc)
Certain Payments. Neither the Company nor any Subsidiary norSubsidiary, to the knowledge of the Company, nor any director, officer, agent, employee, or other Person person associated with or acting on behalf of any of them, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any Subsidiary, or (iv) in violation of any Requirement of Law, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 2 contracts
Samples: Purchase Agreement (Apollo Investment Fund Iv Lp), Purchase Agreement (Sylvan Learning Systems Inc)
Certain Payments. Neither the Company nor any Subsidiary nor, to the knowledge of the Company, or any director, officer, agent, employeeagent or employee of the Company or any Subsidiary, or any other Person entity associated with or acting for or on behalf of the Company or any of themSubsidiary, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, kickback or other payment to any Personentity, private or public, regardless of form, whether in money, property, property or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or Company, any Subsidiary or any Affiliate affiliate of the Company or any Subsidiary, Subsidiary or (iv) in violation of any Requirement of Lawfederal, state, territorial, local or foreign law, statute, rule or regulation or (b) established or maintained any fund or asset that has not been recorded in the books and records of the CompanyCompany or any Subsidiary.
Appears in 2 contracts
Samples: Merger Agreement (Behrman Capital Ii Lp), Merger Agreement (Daleen Technologies Inc)
Certain Payments. Neither Since inception, neither the Company nor any Subsidiary nordirector or officer, nor to the knowledge Sellers' Knowledge, any employee of the Company, nor to Sellers' Knowledge any director, officer, agent, employee, or other Person associated with or acting for or on behalf of any of themthe Company, has directly or indirectly (a) made any unlawful contribution, unlawful gift, bribe, rebate, payoff, influence payment, kickback, or other unlawful payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any SubsidiaryRelated Person, or (iv) in violation of any Requirement of LawLegal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Barone Daren J), Stock Purchase Agreement (Oakhill Sportswear Corp /Ny/)
Certain Payments. Neither the Company nor any Subsidiary norof its directors, to the knowledge of the Companyofficers, any director, officer, agent, employeeagents, or employees, or any other Person associated with or acting for or on behalf of any of themthe Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to improperly obtain favorable treatment in securing business, (ii) to improperly pay for favorable treatment for business secured, (iii) to improperly obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any SubsidiaryCompany, or (iv) in violation of any Requirement of LawLegal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 1 contract
Certain Payments. Neither the Company nor any Subsidiary nor, to the knowledge of the Company, any director, officer, ---------------- agent, employeeor employee thereof, or to Seller's knowledge any other Person associated with or acting for or on behalf of any of themthe Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickbackkick- back, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any Subsidiary, or (iv) in violation of any Requirement of Law, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 1 contract
Samples: Stock Purchase Agreement (National Equipment Services Inc)
Certain Payments. Neither the Company nor any Subsidiary norCompany Subsidiary, to the knowledge of the Company, nor any director, officer, agent, employeeor employee of the Company or any Company Subsidiary, or nor any other Person associated with or acting for or on behalf of the Company or any of themCompany Subsidiary, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, or (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any Subsidiary, or (iv) in violation of any Requirement of Law, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 1 contract
Certain Payments. Neither the Company nor any Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employeeor employee of the Company, or to the Company’s Knowledge any other Person associated with or acting for or on behalf of any of themthe Company, has directly or indirectly (ai) made any contribution, gift, bribe, rebate, payoff, influence payment, kickbackkick-back, or other payment to any Person, private or public, regardless of any form, whether in money, property, or services (iA) to obtain favorable treatment in securing business, (iiB) to pay for favorable treatment for business secured, (iiiC) to obtain special concessions or for special concessions already obtained, obtained for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any Subsidiarythereof, or (ivD) in violation of any Requirement of LawLegal Requirement, or (bii) established or maintained any fund or asset that has not been recorded in the books Books and records Records of the Company.
Appears in 1 contract
Certain Payments. Neither the Company nor any Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employeeor employee of the Company, or any other Person associated with acting for or acting on behalf of any of themthe Company, has directly or indirectly (a) in violation of any Legal Requirement, made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, or (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any Subsidiary, or (iv) in violation of any Requirement of LawCompany, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 1 contract
Certain Payments. Neither the Company nor any Subsidiary Subsidiary, nor, to the knowledge Knowledge of the Company, any director, officer, agent, employee, or other Person associated with or acting on behalf of any of them, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing businessbusiness for the Company or any Subsidiary, (ii) to pay for favorable treatment for business securedsecured by the Company or any Subsidiary, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any Subsidiary, or (iv) in violation of any Requirement of Law, or (b) established or maintained any fund or asset with respect to the Company or any Subsidiary that has not been recorded in the books and records of the CompanyCompany and the Subsidiaries.
Appears in 1 contract
Certain Payments. Neither the Company nor any Subsidiary nor, to To the knowledge of the CompanySeller, neither the Company nor any director, officer, agent, employee, or employee of the Company or any other Person person or entity associated with or acting for or on behalf of any of themthe Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Personperson or entity, private or public, regardless of form, whether in money, property, or services services: (i1) to obtain favorable treatment in securing business, ; (ii2) to pay for favorable treatment for business secured, ; (iii3) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any Subsidiary, Company; or (iv4) in violation of any Requirement of Lawfederal, state, local, municipal, foreign or other constitution, ordinance, regulation, statute, treaty, or other law, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 1 contract
Certain Payments. Neither the Company nor any Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employeeor employee of the Company or to Seller's Knowledge, or any other Person associated with or acting for or on behalf of any of themthe Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence influence, payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any SubsidiaryCompany, or (iv) in violation of any Requirement requirement of Law, law; or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 1 contract
Certain Payments. Neither the Company nor any Subsidiary nordirector, officer, agent or employee of the Company, or to the knowledge Knowledge of the Company, any director, officer, agent, employee, or other Person associated with or acting for or on behalf of any of themthe Company, has directly or indirectly (a) made any unlawful contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, property or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions concessions, or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any SubsidiaryCompany, or (iv) in violation of any Requirement of Law, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 1 contract
Certain Payments. Neither the The Company nor any Subsidiary noror, to the knowledge of the CompanySeller's Knowledge, any director, officer, agent, employeeor employee of the Company, or any other Person associated with or acting for or on behalf of any of themthe Company, has not directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate affiliate of the Company or any SubsidiaryCompany, or (iv) in violation of any Requirement of LawLegal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 1 contract
Certain Payments. Neither the Company nor any Subsidiary nor, to the knowledge of the CompanyShareholders' Knowledge, any director, officer, agentagent or employee of the Company, employee, or nor any other Person associated with or acting for or on behalf of any of themthe Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate affiliate of the Company or any SubsidiaryCompany, or (iv) in violation of any Requirement of LawLegal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 1 contract
Samples: Merger Agreement (Packaged Ice Inc)
Certain Payments. Neither Since its inception, neither the Company nor any Subsidiary nor, to the knowledge of the Company's Knowledge, any directorEmployee, officer, agent, employee, consultant or any other Person associated with or acting for or on behalf of any of themthe Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any SubsidiaryCompany, or (iv) in violation of any Requirement of Lawapplicable Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 1 contract
Certain Payments. Neither the Company nor any Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employeeor employee of the Company, or any other Person person associated with or acting for or on behalf of any of themthe Company, has directly or indirectly indirectly, (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Personperson, entity or agency, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any Subsidiary, or (iv) in violation of any Requirement of Lawfederal, state or local law, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 1 contract
Certain Payments. Neither the Company Company, nor any Subsidiary norof its Members, to the knowledge managers, agents or Employees or any other Person affiliated with or acting for or on behalf of the Company, has at any director, officer, agent, employee, or other Person associated with or acting time on behalf of any of them, has directly or indirectly the Company (a) made any illegal contribution, gift, bribe, rebate, payoff, influence payment, kickback, kickback or other payment to any Person, private or public, regardless of form, whether in money, property, property or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any Subsidiary, its Affiliates or (iv) in violation of any Requirement of LawLegal Requirement, or (b) established or maintained any fund or asset of the Company that has not been recorded in the books and records of the CompanyCompany or in violation of any Legal Requirement.
Appears in 1 contract
Certain Payments. Neither the Company nor any Subsidiary norof its respective directors, to the knowledge of the Companyofficers, any director, officer, agent, employeeagents, or employees, or any other Person associated with or acting for or on behalf of any of themsuch party, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services services: (i) to improperly obtain favorable treatment in securing business, (ii) to improperly pay for favorable treatment for business secured, (iii) to improperly obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any SubsidiaryCompany, or (iv) in violation of any Requirement of LawLegal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 1 contract
Samples: Oil and Securities Purchase Agreement (ParaFin CORP)
Certain Payments. Neither the Company nor any Subsidiary nor, to the knowledge Knowledge of the Company, any director, Manager, officer, agent, employee, or other Person associated with or acting on behalf of any of themthe Company, has directly or indirectly (a) made in violation of any Law any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing businessbusiness for the Company, (ii) to pay for favorable treatment for business securedsecured by the Company, or (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any Subsidiary, or (iv) in violation of any Requirement of LawCompany, or (b) established or maintained any fund or asset with respect to the Company that has not been recorded in the books and records of the Company.
Appears in 1 contract
Certain Payments. Neither the Company nor any Subsidiary nor, to the knowledge Knowledge of the CompanyCompany or Sellers, any director, officer, agent, employee, or other Person associated with or acting on behalf of any of them, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing businessbusiness for the Company, (ii) to pay for favorable treatment for business securedsecured by the Company, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any SubsidiaryCompany, or (iv) in violation of any Requirement of applicable Law, or (b) established or maintained any fund or asset with respect to the Company that has not been be recorded in the books and records of the Company.
Appears in 1 contract
Certain Payments. Neither the Company nor any Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employeeor employee of the Company, or to Seller’s best knowledge any other Person associated with or acting for or on behalf of any of themthe Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Subsidiary or any Affiliate of the Company or any SubsidiaryCompany, or (iv) in violation of any Requirement of LawLaws, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.
Appears in 1 contract