Compliance with Anti-Terrorism Orders. Administrative Agent and Lenders hereby notify Borrowers that pursuant to the requirements of the USA Patriot Act (Title III of Pub. L. 107-56, signed into law October 26, 2001) (the “Patriot Act”), and the policies and practices of Administrative Agent and Lenders, the Administrative Agent and Lenders are required to obtain, verify and record certain information and documentation that identifies each Borrower, which information includes the name and address of each Borrower and such other information that will allow the Administrative Agent and Lenders to identify each Borrower in accordance with the Patriot Act. In addition, Borrowers shall (a) ensure that no Person who owns a controlling interest in or otherwise controls any Borrower is or shall be listed on the OFAC Lists, (b) not use or permit the use of the proceeds of the Loan to violate any of the foreign asset control regulations of OFAC or any enabling statute or Executive Order relating thereto, and (c) comply with all applicable Bank Secrecy Act laws and regulations, as amended. Borrower shall not permit the transfer of any interest in Borrower to any Person (or any beneficial owner of such entity) who is listed on the OFAC Lists. Borrower shall not knowingly enter into a Lease with any party who is listed on the OFAC Lists. Borrower shall immediately notify Administrative Agent and Lenders if Borrower has knowledge that the Guarantor, manger or any member or beneficial owner of Borrower, Guarantor, Manager is listed on the OFAC Lists or (i) is indicted on or (ii) arraigned and held over on charges involving money laundering or predicate crimes to money laundering. Borrower shall immediately notify Administrative Agent and Lenders if Borrower knows that any Tenant is listed on the OFAC Lists or (A) is convicted on, (B) pleads nolo contendere to, (C) is indicted on or (D) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering.
Compliance with Anti-Terrorism Orders. (a) Borrower, each member in Borrower, all beneficial owners of Borrower and, to the best of Borrower’s knowledge, all beneficial owners of any such member, are in compliance with all laws, statutes, rules and regulations of any federal, state or local governmental authority in the United States of America applicable to such Persons, including, without limitation, the requirements of Executive Order No. 13224, 66 Fed. Reg. 49079 (Sept. 25, 2001) (the “Order”) and other similar requirements contained in the rules and regulations of the Office of Foreign Asset Control, Department of the Treasury (“OFAC”) and in any enabling legislation or other Executive Orders in respect thereof (the Order and such other rules, regulations, legislation, or orders are collectively called the “Orders”). Borrower agrees to make its policies, procedures and practices regarding compliance with the Orders of any Persons who, pursuant to transfers permitted by the Mortgage, become stockholders, members, partners or other investors of Borrower available to Lender for its review and inspection during normal business hours and upon reasonable prior notice.
(b) Neither Borrower or any member in Borrower nor the beneficial owner of Borrower or any such member:
(i) is listed on the Specially Designated Nationals and Blocked Persons List maintained by OFAC pursuant to the Order and/or on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules and regulations of OFAC or pursuant to any other applicable Orders (such lists are collectively referred to as the “Lists”);
(ii) is a Person who has been determined by competent authority to be subject to the prohibitions contained in the Orders;
(iii) is owned or controlled by, nor acts for or on behalf of, any Person on the Lists or any other Person who has been determined by competent authority to be subject to the prohibitions contained in the Orders;
(iv) shall transfer or permit the transfer of any interest in Borrower or any Borrower Party to any Person who is or whose beneficial owners are listed on the Lists; or
(v) shall knowingly lease space in any Project to any Person who is listed on the Lists or who is engaged in illegal activities.
(c) If Borrower obtains knowledge that Borrower or any of its members or their beneficial owners become listed on the Lists or are indicted, arraigned, or custodially detained on charges involving money laundering or predicate crimes to money laundering, Borrower sh...
Compliance with Anti-Terrorism Orders. (a) Borrower will not permit the transfer of any interest in Borrower to any person or entity who is listed on the Lists or whose beneficial owners are listed on the specially Designated Nationals and Blocked Persons List (the “List”) maintained by the Office of Foreign Asset Control, Department of the Treasury (“OFAC”) pursuant to Executive Order No. 13224, 66 Fed. Reg. 49079 (September 25, 2001) (the “Order”) and/or any other list of terrorists or terrorist organizations maintained pursuant to any of the rules and regulations of OFAC or pursuant to any other applicable Executive Orders (such lists are collectively referred to as the “Lists”).
(b) Borrower will not knowingly enter into a Lease with any party who is either (i) listed on the Lists or (ii) engaged in illegal activities.
(c) Borrower shall immediately notify Noteholder if it becomes known to Borrower that any member or beneficial owner of Borrower is listed on the Lists or (i) is indicted of, or (ii) arraigned and held over on, charges involving money laundering or predicate crimes to money laundering.
(d) Borrower shall immediately notify Noteholder if it becomes known to Borrower that any tenant at the Property is listed on the 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.
Compliance with Anti-Terrorism Orders. The Borrower represents, warrants and agrees that neither the Borrower nor any of its Subsidiaries or Affiliates is or will be an entity or Person (i) that is listed in the Annex to, or is otherwise subject to the provisions of, Executive Order 13224, 66 Fed. Reg. 49079 (Sept. 25, 2001) (herein referred to as "EO13224"), (ii) whose name appears on the United States Treasury Department's Office of Foreign Assets Control ("OFAC") most current list of "Specifically Designed National and Blocked Persons" (which list may be published from time to time in various mediums including, but not limited to, the OFAC website, http:xxx.xxxxx.xxx/xxxx/x00xxx.xxx), or (iii) whose name appears on any other such list issued pursuant to EO13224. (Any and all parties or Persons described in subparts (i) through (iii) above are herein referred to as "Prohibited Persons.") The Borrower covenants and agrees that neither the Borrower nor any of its Subsidiaries or Affiliates will (i) conduct any business, nor engage in any transaction or dealing with any Person known by the Borrower to be a Prohibited Person, including, but not limited to, the making or receiving of funds, goods, or services to or for the benefit of a Prohibited Person, or (ii) 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 EO13224. The Borrower further covenants and agrees to immediately notify the Purchasers if the Borrower has knowledge that it has not fully complied with the representations and covenants made in this Section 7.
Compliance with Anti-Terrorism Orders. Borrowers will not permit the transfer of any interest in any Borrower to any person or entity (or any beneficial owner of such entity) who is listed on those certain lists referred to as the OFAC Lists developed in connection with the Anti-Terrorism Laws (the “OFAC Lists”). Borrowers will not knowingly enter into a lease with any party who is listed on the OFAC Lists. Borrowers shall immediately notify Lender if any Borrower has knowledge that any principal, or any member or beneficial owner of any Borrower or principal of any Borrower is listed on the OFAC Lists or is indicted on or arraigned and held over on charges involving money laundering or predicate crimes to money laundering. Borrowers shall immediately notify Lender if any Borrower knows that any tenant of the Facility is listed on the OFAC Lists, or is convicted on, pleads nolo contendere to, is indicted on, or is arraigned and held over on charges involving money laundering or predicate crimes to money laundering.
Compliance with Anti-Terrorism Orders. Borrower shall immediately notify Lender if Borrower has knowledge that Borrower, any Subsidiary of Borrower or Principal is listed on the OFAC Lists or (a) is indicted on or (b) arraigned and held over on charges involving money laundering or predicate crimes to money laundering. Borrower shall immediately notify Lender if Borrower knows that any party to a Material Borrower Contract or any other party with which Borrower maintains any other material business arrangement is listed on the OFAC Lists or (w) is convicted on, (x) pleads nolo contendere to, (y) is indicted on or (z) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering. Neither Borrower nor any Subsidiary of Borrower shall knowingly enter into any transaction or arrangement with any party who is listed on the OFAC Lists.
Compliance with Anti-Terrorism Orders. Borrower will not knowingly enter into a Lease with any party who is listed on the OFAC Lists. Borrower shall immediately notify Lender if Borrower has knowledge that any Borrower or Principal is listed on the OFAC Lists or (A) is indicted on or (B) arraigned and held over on charges involving money laundering or predicate crimes to money laundering. Borrower shall immediately notify Lender if Borrower knows that any Tenant is listed on the OFAC Lists or (A) is convicted on, (B) pleads nolo contendere to, (C) is indicted on or (D) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering.
Compliance with Anti-Terrorism Orders. Neither M-TRON, nor Guarantor, nor any of their respective Subsidiaries or Affiliates is or will be an entity or person listed on the Specifically Designed National and Blocked Persons List or other similar lists maintained by the Office of Foreign Assets Control (“OFAC”), the Department of Treasury, or included in any Executive Orders. Any and all parties or persons described in such lists are herein referred to as “Prohibited Persons”. In addition, M-TRON further warrants, represents and covenants that M-TRON will not permit the transfer of any interest in M-TRON to any Prohibited Person. M-TRON covenants and agrees that neither M-TRON, nor any Guarantor, nor any of their respective Subsidiaries or Affiliates will (a) conduct any business, nor engage in any transaction or dealing with any Prohibited Person, including, but not limited to, the making or receiving of funds, goods, or services to or for the benefit of a Prohibited Person, or (b) 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 foreign asset control regulations of OFAC, any enabling statute or Executive Order relating thereto, or any applicable Bank Secrecy Act law or regulation, as amended. M-TRON further covenants and agrees to immediately notify Bank if M-TRON has knowledge that it has not fully complied with the representations and covenants made in this paragraph. M-TRON covenants and agrees to deliver from time to time to Bank any such certification or other evidence as may be requested by Bank in its sole and absolute discretion, confirming that M-TRON has fully complied with its representations and covenants made in this Section 4.16.
Compliance with Anti-Terrorism Orders. Neither Piezo, nor any of its Subsidiaries or Affiliates are or will be Prohibited Persons. In addition, Piezo further warrants, represents and covenants that Piezo will not permit the transfer of any interest in Piezo to any Prohibited Person. Piezo covenants and agrees that neither Piezo, nor any of its Subsidiaries or Affiliates will (a) conduct any business, nor engage in any transaction or dealing with any Prohibited Person, including, but not limited to, the making or receiving of funds, goods, or services to or for the benefit of a Prohibited Person, or (b) 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 foreign asset control regulations of OFAC, any enabling statute or Executive Order relating thereto, or any applicable Bank Secrecy Act law or regulation, as amended. Piezo further covenants and agrees to immediately notify Bank if Piezo has knowledge that it has not fully complied with the representations and covenants made in this paragraph. Piezo covenants and agrees to deliver from time to time to Bank any such certification or other evidence as may be requested by Bank in its sole and absolute discretion, confirming that Piezo has fully complied with its representations and covenants made in this Section 5.16.
Compliance with Anti-Terrorism Orders. Borrower will not permit the transfer of any interest in Borrower to any person or entity (or any beneficial owner of such entity) who is listed on the OFAC Lists. Borrower will not knowingly enter into a Lease with any party who is listed on the OFAC Lists. Borrower shall immediately notify Lender if Borrower has knowledge that any Guarantor, Manager or any member or beneficial owner of Borrower, Guarantor, Manager is listed on the OFAC Lists or (A) is indicted on or (B) arraigned and held over on charges involving money laundering or predicate crimes to money laundering. Borrower shall immediately notify Lender if Borrower knows that any Tenant is listed on the OFAC Lists or (A) is convicted on, (B) pleads nolo contendere to, (C) is indicted on or (D) is arraigned and held over on charges involving money laundering or predicate crimes to money laundering.
