Compliance with Anti-Terrorism Laws. (a) Directly or indirectly, knowingly enter into any Loan Documents or Material Contracts with any Person listed on the OFAC Lists. The Borrower shall immediately notify Agent if any of the Loan Parties has knowledge that any Loan Party or any of its Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (i) is convicted on, (ii) pleads nolo contendere to, (iii) is indicted on or (iv) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties will not, and will not permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law. (b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract
Samples: Credit Agreement (Telos Corp)
Compliance with Anti-Terrorism Laws. Lender hereby notifies Borrower that pursuant to the requirements of certain Anti-Terrorism Laws (aincluding, without limitation, the Patriot Act) Directly and Lender’s policies and practices, Lender is required to obtain, verify and record certain information and documentation that identifies Borrower, which information includes the name, address and identification number of Borrower. Borrower will not, directly or indirectly, knowingly enter into any Loan Documents lease for the operation of any part of a Facility or Material Contracts any other lease or any material contracts with any Person person listed on the OFAC ListsList. The Borrower shall immediately promptly notify Agent Lender if any of the Loan Parties Borrower has knowledge that any Loan Party Borrower or any of its principals or Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement Guarantor is or becomes a Blocked Person listed on the OFAC List or (ia) is convicted on, (iib) pleads nolo contendere to, (iiic) is indicted on on, or (ivd) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties Borrower will not, and will not permit any Subsidiary to, directly or indirectly, indirectly (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 13224, or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract
Samples: Real Estate Loan Agreement (MPT Operating Partnership, L.P.)
Compliance with Anti-Terrorism Laws. (a) Directly Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Loan Documents or Material Contracts with any Blocked Person or any Person listed on the OFAC Lists. The Each Borrower shall immediately notify Agent if any of the Loan Parties such Borrower has knowledge that any Loan Borrower, any additional Credit Party or any of its their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (ia) is convicted on, (iib) pleads nolo contendere to, (iiic) is indicted on on, or (ivd) is arraigned and held over on charges involving MidCap / HTG / Credit and Security Agreement (Term Loan) \\DC - 036639/000001 - 12092479 money laundering or predicate crimes to money laundering. The Loan Parties No Borrower will, or will not, and will not permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract
Samples: Credit and Security Agreement (Term Loan) (HTG Molecular Diagnostics, Inc)
Compliance with Anti-Terrorism Laws. (a) Directly Administrative Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Administrative Agent’s policies and practices, Administrative Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Administrative Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Loan Documents or Material Contracts with any Person listed on the OFAC Lists. The Each Borrower shall immediately notify Administrative Agent if any of the Loan Parties such Borrower has knowledge that any Loan Party Borrower or any of its Affiliates or agents acting or benefiting in any capacity in connection with additional Credit Party is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (ia) is convicted on, (iib) pleads nolo contendere to, (iiic) is indicted on on, or (ivd) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties No Borrower will, or will not, and will not permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract
Samples: Credit Agreement (Cyberonics Inc)
Compliance with Anti-Terrorism Laws. (a) Directly Agent hereby notifies the Credit Parties that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies the Credit Parties and its principals, which information includes the name and address of each Credit Party and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Credit Party will, directly or indirectly, knowingly enter into any Loan Documents or Material Contracts with any Blocked Person or any Person listed on the OFAC Lists. The Borrower Each Credit Party shall immediately notify Agent if any of the Loan Parties such Credit Party has knowledge that any Loan Credit Party, any additional Credit Party or any of its their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (ia) is convicted on, (iib) pleads nolo contendere to, (iiic) is indicted on on, or (ivd) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties will not, and will not permit any Subsidiary toNo Credit Party will, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract
Samples: Credit, Security and Guaranty Agreement (Chicken Soup for the Soul Entertainment, Inc.)
Compliance with Anti-Terrorism Laws. (a) Directly Agent hereby notifies Credit Parties that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Credit Parties and their principals, which information includes the name and address of each Credit Party and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Credit Party will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Loan Documents or Material Contracts with any Blocked Person or any Person listed on the OFAC Lists. The Borrower Each Credit Party shall immediately notify Agent if any of the Loan Parties such Credit Party has knowledge that any Loan Borrower, any additional Credit Party or any of its their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (ia) is convicted on, (iib) pleads nolo contendere to, (iiic) is indicted on on, or (ivd) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties No Credit Party will, or will not, and will not permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
. MidCap / Xtant / A&R Credit, Security and Guaranty Agreement (b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.Revolving Loan)
Appears in 1 contract
Samples: Credit, Security and Guaranty Agreement (Revolving Loan) (Xtant Medical Holdings, Inc.)
Compliance with Anti-Terrorism Laws. (a) Directly Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Loan Documents or Material Contracts with any Blocked Person or any Person listed on the OFAC Lists. The Each Borrower shall immediately notify Agent if any of the Loan Parties such Borrower has knowledge that any Loan Borrower, any additional Credit Party or any of its their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (ia) is convicted on, (iib) pleads nolo contendere to, (iiic) is indicted on on, or (ivd) is arraigned and held over on charges involving MidCap / HTG / Credit and Security Agreement (Revolving Loan) \\DC - 036639/000001 - 12092487 money laundering or predicate crimes to money laundering. The Loan Parties No Borrower will, or will not, and will not permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract
Samples: Credit and Security Agreement (Revolving Loan) (HTG Molecular Diagnostics, Inc)
Compliance with Anti-Terrorism Laws. (a) Directly The Administrative Agent hereby notifies the Credit Parties that pursuant to the requirements of Anti-Terrorism Laws, and the Administrative Agent’s policies and practices, the Administrative Agent is required to obtain, verify and record certain information and documentation that identifies the Credit Parties and their respective principals, which information includes the name and address of each Credit Party and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Credit Party will, directly or indirectly, knowingly enter into any Loan Documents contract with any Blocked Person or Material Contracts with any Person listed on the OFAC Lists. The Borrower Each Credit Party shall immediately notify the Administrative Agent if any of the Loan Parties such Credit Party has actual knowledge that any Loan Credit Party or any of its their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (i) is convicted on, (ii) pleads nolo contendere to, (iii) is indicted on on, or (iv) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties will not, and will not permit any Subsidiary toNo Credit Party will, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, violates or attempts to violate, violate any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract
Compliance with Anti-Terrorism Laws. (a) Directly Administrative Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Administrative Agent’s policies and practices, Administrative Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of Borrower and its principals and such other information that will allow Administrative Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Loan Documents or Material Contracts with any Person listed on the OFAC Lists. The Each Borrower shall immediately notify Administrative Agent if any of the Loan Parties such Borrower has knowledge that any Loan Party Borrower or any of its Affiliates or agents acting or benefiting in any capacity in connection with additional Credit Party is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (i) is convicted on, (ii) pleads nolo contendere to, (iii) is indicted on or (iv) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties No Borrower will, or will not, and will not permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract
Samples: Credit and Security Agreement (Dynacq Healthcare Inc)
Compliance with Anti-Terrorism Laws. (a) Directly Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and CHICAGO/#2321168.11 its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, directly or indirectly, knowingly enter into any Loan Operative Documents or Material Contracts with any Blocked Person or any Person listed on the OFAC Lists. The Each Borrower shall immediately notify Agent if any of the Loan Parties such Borrower has knowledge that any Loan Borrower, any additional Credit Party or any of its their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (ia) is convicted on, (iib) pleads nolo contendere to, (iiic) is indicted on on, or (ivd) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties will not, and will not permit any Subsidiary toNo Borrower will, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract
Compliance with Anti-Terrorism Laws. (a) Directly Agent hereby notifies Credit Parties that pursuant to the requirements of Anti-Terrorism Laws, and Agent's policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Credit Parties and their equity holders, directors and officers, which information includes the name and address of each Credit Party and its equity holders, directors, managers and officers and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Credit Party will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Loan Documents or Material Contracts with any Blocked Person or any Person listed on the OFAC Lists. The Borrower Each Credit Party shall immediately notify Agent if any of the Loan Parties such Credit Party has knowledge that any Loan Party Credit Party, any Subsidiary or any of its Affiliates their respective officers, directors, employees or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (ia) is convicted on, (iib) pleads nolo contendere to, (iiic) is indicted on on, or (ivd) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties No Credit Party will, or will not, and will not permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract
Samples: Credit and Security Agreement (Williams Industrial Services Group Inc.)
Compliance with Anti-Terrorism Laws. (a) Directly Administrative Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Administrative Agent's policies and practices, Administrative Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Administrative Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, directly or indirectly, knowingly enter into any Loan Financing Documents or Material Contracts with any Person listed on the OFAC Lists. The Each Borrower shall immediately notify Administrative Agent if any of the Loan Parties such Borrower has knowledge that any Loan Party Borrower or any of its Affiliates or agents acting or benefiting in any capacity in connection with additional Credit Party is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (ia) is convicted on, (iib) pleads nolo contendere to, (iiic) is indicted on on, or (ivd) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties will not, and will not permit any Subsidiary toNo Borrower will, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract
Samples: Credit and Security Agreement (American Retirement Corp)
Compliance with Anti-Terrorism Laws. (a) Directly No Specified Company will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Loan Operative Documents or Material Contracts with any Person listed on the OFAC Lists. The Borrower Each Specified Company shall immediately notify Agent each Purchaser if any of the Loan Parties such Specified Company has knowledge that any Loan Specified Company, any additional Note Party or any of its their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (i) is convicted on, (ii) pleads nolo contendere to, (iii) is indicted on or (iv) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties No Specified Company will, or will not, and will not permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, Law or (iii) engage in or conspire to engage in any transaction that evades or avoidsevades, or has the purpose of evading or avoidingevading, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) Each Purchaser hereby notifies Specified Companies that pursuant to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds requirements of the Loans USA PATRIOT Act, and each Purchaser’s policies and procedures, each Purchaser is required to fund any operations inobtain, finance any investments or activities inverify and record certain information and documentation that identifies Specified Companies, or, make any payments to, a Sanctioned Country or Sanctioned Person which information includes the name and address of each Specified Company and such other information that will allow each Purchaser to identify each Specified Company in violation of any Anti-Terrorism Law, (iii) to repay accordance with the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance EventUSA PATRIOT Act.
Appears in 1 contract
Samples: Securities Purchase Agreement (Loud Technologies Inc)
Compliance with Anti-Terrorism Laws. (a) Directly Administrative Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Administrative Agent’s policies and practices, Administrative Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Administrative Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Loan Operative Documents or Material Contracts (or contracts or agreements that would have been Material Contracts had they existed on the date hereof) with any Blocked Person or any Person listed on the OFAC Lists. The Each Borrower shall immediately notify Administrative Agent if any of the Loan Parties such Borrower has knowledge that any Loan Party Borrower or any of its Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or additional Credit Party becomes a Blocked Person or becomes listed on the OFAC Lists or (ia) is convicted on, (iib) pleads nolo contendere to, (iiic) is indicted on on, or (ivd) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties No Borrower will, or will not, and will not permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract
Samples: Credit and Security Agreement (Orexigen Therapeutics, Inc.)
Compliance with Anti-Terrorism Laws. (a) Directly Agent and each Lender hereby notifies each Credit Party that pursuant to the requirements of Anti-Terrorism Laws, and such Person’s policies and practices, Agent and each Lender is required to obtain, verify and record certain information and documentation that identifies each Credit Party and its principals, which information includes the name and address of each Credit Party and its principals and such other information that will allow Agent and each Lender to identify such party in accordance with Anti-Terrorism Laws. No Credit Party will, nor will any Credit Party permit any of its Subsidiaries or Affiliates to, directly or indirectly, knowingly enter into any Loan Documents documents or Material Contracts contracts with any Person listed on the OFAC Lists. The Borrower Each Credit Party shall immediately promptly (but in any event within three (3) Business Days) notify Agent if and the Blackstone Representative in writing upon any Responsible Officer of the Loan Parties has Borrower having knowledge that any Loan Credit Party or any Subsidiary or Affiliate of its Affiliates or agents acting or benefiting in any capacity in connection with Credit Party is listed on the transactions contemplated by this Agreement is or becomes a Blocked Person OFAC Lists or (ia) is convicted on, (iib) pleads nolo contendere to, (iiic) is indicted on on, or (ivd) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties No Credit Party will, nor will not, and will not any Credit Party permit any Subsidiary of its Subsidiaries or Affiliates to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, including the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoidsavoids or violates, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract
Compliance with Anti-Terrorism Laws. (a) Directly Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Loan Documents or Material Contracts with any Blocked Person or any Person listed on the OFAC Lists. The Each Borrower shall immediately notify Agent if any of the Loan Parties such Borrower has knowledge that any Loan Borrower, any additional Credit Party or any of its their respective Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or becomes a Blocked Person or (ia) is convicted on, (iib) pleads nolo contendere to, (iiic) is indicted on on, or (ivd) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties No Borrower will, or will not, and will not permit any Midcap / Aterian / Credit Agreement DC - 036639/000052 - 10453208 Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract
Compliance with Anti-Terrorism Laws. (a) Directly Agent hereby notifies Borrowers that pursuant to the requirements of Anti-Terrorism Laws, and Agent’s policies and practices, Agent is required to obtain, verify and record certain information and documentation that identifies Borrowers and its principals, which information includes the name and address of each Borrower and its principals and such other information that will allow Agent to identify such party in accordance with Anti-Terrorism Laws. No Borrower will, or will permit any Subsidiary to, directly or indirectly, knowingly enter into any Loan Documents or Material Contracts with any Blocked Person or any Person listed on the OFAC Lists. The Each Borrower shall immediately notify Agent if any of the Loan Parties such Borrower has knowledge that any Loan Party Borrower or any of its Affiliates or agents acting or benefiting in any capacity in connection with the transactions contemplated by this Agreement is or additional Credit Party becomes a Blocked Person or becomes listed on the OFAC Lists or (ia) is convicted on, (iib) pleads nolo contendere to, (iiic) is indicted on on, or (ivd) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. The Loan Parties No Borrower will, or will not, and will not permit any Subsidiary to, directly or indirectly, (i) conduct any business or engage in any transaction or dealing with any Blocked Person, including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Blocked Person, (ii) deal in, or otherwise engage in any transaction relating to, any property or interests in property blocked pursuant to Executive Order No. 13224, any similar executive order or other Anti-Terrorism Law, or (iii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224 or other Anti-Terrorism Law.
(b) Permit any Loan Party or Subsidiary thereof, or permit any other controlled Affiliate (i) to become a Sanctioned Person, (ii) either in its own right or through any third party, to (A) have any of its assets in a Sanctioned Country or in the possession, custody or control of a Sanctioned Person in violation of any Anti-Terrorism Law; (B) do business in or with, or derive any of its income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law; (C) engage in any dealings or transactions prohibited by any Anti-Terrorism Law or (D) use the proceeds of the Loans to fund any operations in, finance any investments or activities in, or, make any payments to, a Sanctioned Country or Sanctioned Person in violation of any Anti-Terrorism Law, (iii) to repay the Obligations with funds derived from any unlawful activity or (iv) to fail to comply with all Anti-Terrorism Laws. The Borrower shall promptly notify the Agent in writing upon the occurrence of a Reportable Compliance Event.
Appears in 1 contract