Common use of CFIUS Clause in Contracts

CFIUS. The Company does not engage in (a) the design, fabrication, development, testing, production or manufacture of one (1) or more “critical technologies” within the meaning of the Defense Production Act of 1950, as amended, including all implementing regulations thereof (the “DPA”); (b) the ownership, operation, maintenance, supply, manufacture, or servicing of “covered investment critical infrastructure” within the meaning of the DPA (where such activities are covered by column 2 of Appendix A to 31 C.F.R. Part 800); or (c) the maintenance or collection, directly or indirectly, of “sensitive personal data” of U.S. citizens within the meaning of the DPA. The Company has no current intention of engaging in such activities in the future.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Outlook Therapeutics, Inc.), Securities Purchase Agreement (Outlook Therapeutics, Inc.), Stock and Warrant Purchase Agreement (Wavedancer, Inc.)

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CFIUS. The Company does not engage in (a) the design, fabrication, development, testing, production or manufacture of one (1) or more “critical technologies” within the meaning of the Defense Production Act Action of 1950, as amended, including all implementing regulations thereof (the “DPA”); (b) the ownership, operation, maintenance, supply, manufacture, or servicing of “covered investment critical infrastructure” within the meaning of the DPA (where such activities are covered by column 2 of Appendix A to 31 C.F.R. 21 CFR Part 800); or (c) the maintenance or collection, directly or indirectly, of “sensitive personal data” of U.S. citizens within withing the meaning of the DPA. The Company has no current intention of engaging in such activities in the future.

Appears in 2 contracts

Samples: Subordinated Convertible Note Purchase Agreement (InterPrivate II Acquisition Corp.), Subordinated Convertible Note Purchase Agreement (InterPrivate II Acquisition Corp.)

CFIUS. The Company does not Neither the Company, its subsidiaries nor any of its Affiliates engage in (ai) the design, fabrication, development, testing, production or manufacture of one (1) or more “critical technologies” within the meaning of Section 721 of the Defense Production Act of 1950Act, as amended50 U.S.C. § 4565, including and all implementing regulations thereof (the “DPA”); (bii) the ownership, operation, maintenance, supply, manufacture, or servicing of “covered investment critical infrastructure” within the meaning of the DPA (where such activities are covered by column 2 of Appendix A to 31 C.F.R. Part 800)DPA; or (ciii) the maintenance or collection, directly or indirectly, of “sensitive personal data” of U.S. citizens within the meaning of the DPA. The Company has no current intention , and, therefore, in turn, is not a “TID U.S. business” within the meaning of engaging in such activities in the future31 C.F.R. § 800.248.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Taysha Gene Therapies, Inc.), Securities Purchase Agreement (Taysha Gene Therapies, Inc.)

CFIUS. The Company does not engage in (a) the design, fabrication, development, testing, production or manufacture of one (1) or more “critical technologies” within the meaning of the Defense Production Act of 1950, as amended, including all implementing mplementing regulations thereof (the “DPA”); (b) the ownership, operation, maintenance, supply, ,manufacture, or servicing of “covered investment critical infrastructure” within the meaning of the DPA (where such activities are covered by column 2 of Appendix A to 31 C.F.R. Part 800); or (c) the maintenance or collection, directly or indirectly, of “sensitive personal data” of U.S. citizens within the meaning of the DPA. The Company has no current intention of engaging in such activities in the future.

Appears in 1 contract

Samples: Stock Purchase Agreement (VBI Vaccines Inc/Bc)

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CFIUS. The No Group Company does not engage engages in (a) the design, fabrication, development, testing, production or manufacture of one (1) or more “critical technologies” within the meaning of the Defense Production Act of 1950, as amended, including all implementing regulations thereof (the “DPA”); (b) the ownership, operation, maintenance, supply, manufacture, or servicing of “covered investment critical infrastructure” within the meaning of the DPA (where such activities are covered by column 2 of Appendix A to 31 C.F.R. Part 800); or (c) the maintenance or collection, directly or indirectly, of “sensitive personal data” of U.S. citizens within the meaning of the DPA. The Company has no current intention of engaging in such activities in the future.

Appears in 1 contract

Samples: Membership Interest Purchase and Sale Agreement (Alternus Clean Energy, Inc.)

CFIUS. The Company does not engage in (a) the design, fabrication, development, testing, production or manufacture of one (1) or more “critical technologies” within the meaning of the Defense Production Act of 1950, as amended, including all implementing regulations thereof (the “DPA”); , (b) the ownership, operation, maintenance, supply, manufacture, manufacture or servicing of “covered investment critical infrastructure” within the meaning of the DPA (where such activities are covered by column 2 of Appendix A to 31 C.F.R. Part 800); , or (c) the maintenance or collection, directly or indirectly, of “sensitive personal data” of U.S. citizens within the meaning of the DPA. The Company has no current intention of engaging in such activities in the future.

Appears in 1 contract

Samples: Securities Purchase Agreement (Spectrum Pharmaceuticals Inc)

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