Compliance with Anti-Terrorism Regulations. 7.8.1 Borrower hereby covenants and agrees with (i) no Related Entity will be included in, owned by, controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other OFAC Lists, and (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons referred to or described in any list of persons, entities and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC lists. 7.8.2 Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.L. 107-56; the Iraqi Sanctions Act, Pub.L. 101-513, 000 Xxxx. 0000-00; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”). 7.8.3 Borrower herby covenants and agrees that if it becomes aware or receives any notice that any Related Entity is named on any of the FAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including without limitation, the Anti-Terrorism Regulations, Mortgagor hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its sole discretion, to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets). 7.8.4 Upon Lender’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 above remain true and correct as of the date of such certificate and confirming Borrower’s compliance with this Section 7.8.
Appears in 2 contracts
Samples: Private Equity Loan Agreement (Upholstery International, Inc.), Private Equity Loan Agreement (Upholstery International, Inc.)
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees that neither Borrower nor any guarantor, nor any persons or entities holding any legal or beneficial interest whatsoever in Borrower or any guarantor (whether directly or indirectly), will conduct business with (i) no Related Entity will be or engage in any transaction with any person or entity named on any of the OFAC Lists or any person or entity included in, owned by, controlled by, act acting for or on behalf of, provide providing assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons or entities referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other the OFAC Lists, and (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons referred to or described in any list of persons, entities and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC lists.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or are regulation currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).. Prudential Loan 6 1xx xxx Xxxx (Second Funding)/ Mortgage
7.8.3 (c) Borrower herby hereby covenants and agrees that if it becomes aware or receives any notice that Borrower, any Related Entity guarantor or the Property, or any person or entity holding any legal or beneficial interest whatsoever (whether directly or indirectly) in Borrower, any guarantor or in the Property, is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws Laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Borrower hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its sole discretion, to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon Lender’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 2.09 above remain true and correct as of the date of such certificate and confirming Borrower’s and any guarantor’s compliance with this Section 7.83.20.
Appears in 2 contracts
Samples: Agreement of Spreader, Consolidation, and Modification of Mortgage and Security, Agreement of Spreader, Consolidation and Modification of Mortgage and Security Agreement (250 West 57th St Associates L.L.C.)
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees that neither Borrower nor any guarantor, nor any persons or entities holding any legal or beneficial interest whatsoever in Borrower or any guarantor (whether directly or indirectly), will knowingly conduct business with (i) no Related Entity will be or engage in any transaction with any person or entity named on any of the OFAC Lists or any person or entity included in, owned by, controlled by, act acting for or on behalf of, provide providing assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons or entities referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other the OFAC Lists; provided, and however, that the foregoing covenant shall not be deemed violated with respect to any of (i) the Individual Beneficiaries, (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorshipIndividual Shareholders, or services (iii) tenants, subtenants and residents of any kind toits Individual Property, or otherwise associate so long as Borrower complies with any the provisions of the persons referred to or described in any list of persons, entities and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC listsSection 3.20(c) below.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation regulations currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) Borrower herby hereby covenants and agrees that if it becomes aware or receives any notice that Borrower, any Related Entity guarantor or its Individual Property, or any person or entity holding any legal or beneficial interest whatsoever (whether directly or indirectly) in Borrower, any guarantor or in Borrower’s Individual Property, is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), then Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws Laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Borrower hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its sole discretion, necessary to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon Lender’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 2.09 above remain true and correct as of the date of such certificate and confirming Borrower’s and any guarantor’s compliance with this Section 7.83.20.
Appears in 2 contracts
Samples: Loan Agreement (CNL Healthcare Properties, Inc.), Loan Agreement (CNL Healthcare Properties, Inc.)
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees with that: (i) no Related Entity will be included in, owned by, controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other OFAC Lists, ; and (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons referred to or described in any list of persons, entities entities, and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC lists.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. U.S. C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) Borrower herby covenants and agrees that if it becomes aware or receives any notice that any Related Entity is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately immediately: (i) give notice to Lender of such OFAC Violation, ; and (ii) comply with all laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including without limitation, the Anti-Terrorism Regulations, Mortgagor and Borrower hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its sole discretion, to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon Lender’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 7.9 above remain true and correct as of the date of such certificate and confirming Borrower’s compliance with this Section 7.87.10.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Wsi Industries, Inc.)
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees that neither Borrower nor any guarantor, nor any persons or entities holding any legal or beneficial interest whatsoever in Borrower or any guarantor (whether directly or indirectly), will knowingly conduct business with (i) no Related Entity will be or engage in any transaction with any person or entity named on any of the OFAC Lists or any person or entity included in, owned by, controlled by, act acting for or on behalf of, provide providing assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons or entities referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other the OFAC Lists; provided, and however, that the foregoing covenant shall not be deemed violated with respect to any of (i) the Individual Beneficiaries, (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorshipIndividual Shareholders, or services (iii) the Tenants of any kind toits Individual Property, or otherwise associate so long as Borrower complies with any the provisions of the persons referred to or described in any list of persons, entities and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC listsSection 3.20(c) below.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation regulations currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) Borrower herby hereby covenants and agrees that if it becomes aware or receives any notice that Borrower, any Related Entity guarantor or its Individual Property, or any person or entity holding any legal or beneficial interest whatsoever (whether directly or indirectly) in Borrower, any guarantor or in Borrower’s Individual Property, is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), then Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws Laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Borrower hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its sole discretion, necessary to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).. Prudential Loan Nos. 706109200, 706109202-203 & 706109205-206 CNL MOB Portfolio Loan Agreement
7.8.4 (d) Upon Lender’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 2.09 above remain true and correct as of the date of such certificate and confirming Borrower’s and any guarantor’s compliance with this Section 7.83.20.
Appears in 1 contract
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees that neither Borrower nor any guarantor, nor any persons or entities holding any legal or beneficial interest whatsoever in Borrower or any guarantor (whether directly or indirectly), will knowingly conduct business with (i) no Related Entity will be or engage in any transaction with any person or entity named on any of the OFAC Lists or any person or entity included in, owned by, controlled by, act acting for or on behalf of, provide providing assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons or entities referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other the OFAC Lists, and (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons referred to or described in any list of persons, entities and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC lists.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation regulations currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) Borrower herby hereby covenants and agrees that if it becomes aware or receives any notice that Borrower, any Related Entity guarantor or the Property, or any person or entity holding any legal or beneficial interest whatsoever (whether directly or indirectly) in Borrower, any guarantor or in the Property, is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), then Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws Laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Borrower hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its sole discretion, necessary to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 Upon Lender’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 above remain true and correct as of the date of such certificate and confirming Borrower’s compliance with this Section 7.8.
Appears in 1 contract
Samples: Loan Agreement (Behringer Harvard Opportunity REIT II, Inc.)
Compliance with Anti-Terrorism Regulations. 7.8.1 Borrower hereby covenants and agrees with (ia) no None of Borrower, any transferee under a permitted transfer or any affiliated party of any of the foregoing (collectively, the “Related Entity Persons”) will be included in, owned by, controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other OFAC Lists, and (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons referred to or described in any list of persons, entities entities, and governments issued by OFAC the Office of Foreign Assets Control of the United States Department of the Treasury (“OFAC”) pursuant to Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, as amended (“Executive Order 13224”), or any similar list issued by OFAC or any other department or agency of the United States of America (collectively, the “OFAC listsLists”).
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107000-5600 (xxx "XXXXXXX Xxx"); the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9aa 9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596597; the Bank Secrecy Act, Pub. L. 91-508, 84 Stat. 1114, 1118; the Trading with the Enemy Act, 50 U.S.C. App. Section 1 et seq.; the laws relating to prevention and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 detection of money laundering in 18 U.S.C. Sections 1956 and 1957 and any similar laws or regulation regulations currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) If Borrower herby covenants and agrees that if it becomes aware or receives any notice that any of the Related Entity is Persons are named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor hereby authorizes and consents to Lender’s taking Borrower will take any and all steps Lender deems necessary, in its sole discretion, necessary to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 Upon Lender(d) In satisfaction of Borrower’s request from time obligations under Section 4107(d)(2) of the Small Business Jobs Act of 2010 (the “Jobs Act”), Borrower hereby certifies to time during Lender that none of the principals of Borrower and its affiliates has been convicted of, or pleaded nolo contendere to, any crime (excluding traffic violations and minor misdemeanors not covered by Section 4107(d)(2) of the Jobs Act). As used in the immediately preceding sentence, the term “principal” means (i) if Borrower is a sole proprietorship, the proprietor; (ii) if Borrower is a partnership, each managing partner and each partner who is a natural person and holds a 20% or more ownership interest in the partnership; and (iii) if Borrower is a corporation, limited liability company, association or development company, each director, each of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 above remain true and correct as five most highly compensated executives or officers of the date entity, and each natural person who is a direct or indirect holder of such certificate and confirming Borrower’s compliance with this Section 7.820% of the ownership stock or stock equivalent of the entity.
Appears in 1 contract
Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.)
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees with that (i) no Related Entity neither Xxxxxxxx, any general partner of Xxxxxxxx, nor any other wholly owned Xxxxx Affiliate which owns any legal or beneficial interest in Borrower, directly or indirectly, will be included in, owned by, controlled Controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associated associate with any of the persons Persons referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other OFAC Lists, and (ii) none of the Related Entities will be controlled Controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons Persons referred to or described in any list of persons, entities entities, and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC listsLists.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx; 104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or are regulation currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) Borrower herby hereby covenants and agrees that if it becomes aware or receives any notice that Borrower, any Related Entity general partner of Borrower or the Property, or any person holding any legal or beneficial interest whatsoever (whether directly or indirectly) in Borrower, any general partner of Borrower or in the Property, is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws Laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Borrower hereby authorizes and consents to LenderXxxxxx’s taking any and all steps Lender deems necessary, in its sole discretion, to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon LenderXxxxxx’s request from time to time during the term of the Loan, Borrower Xxxxxxxx agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 2.09 above remain true and correct as of the date of such certificate and confirming Borrower’s compliance with this Section 7.83.20.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (Hines Real Estate Investment Trust Inc)
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees that neither Borrower nor any guarantor, nor any persons or entities holding any legal or beneficial interest whatsoever in Borrower or any guarantor (whether directly or indirectly), will knowingly conduct business with (i) no Related Entity will be or engage in any transaction with any person or entity named on any of the OFAC Lists or any person or entity included in, owned by, controlled by, act acting for or on behalf of, provide providing assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons or entities referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other the OFAC Lists; provided, and however, that the foregoing covenant shall not be deemed violated with respect to any of (i) the Individual Beneficiaries, (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorshipIndividual Shareholders, or services (iii) tenants, subtenants and residents of any kind toits Individual Property, or otherwise associate so long as Borrower complies with any the provisions of the persons referred to or described in any list of persons, entities Section 3.20(c) below. Prudential Loan Nos. 706109321 - 706109336 and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC lists.706109394 CNL BV Portfolio Second Amended and Restated Loan Agreement
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation regulations currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) Borrower herby hereby covenants and agrees that if it becomes aware or receives any notice that Borrower, any Related Entity guarantor or its Individual Property, or any person or entity holding any legal or beneficial interest whatsoever (whether directly or indirectly) in Borrower, any guarantor or in Borrower’s Individual Property, is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), then Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws Laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Borrower hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its sole discretion, necessary to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon Lender’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 2.09 above remain true and correct as of the date of such certificate and confirming Borrower’s and any guarantor’s compliance with this Section 7.83.20.
Appears in 1 contract
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees that neither Borrower nor any guarantor, nor any persons or entities holding any legal or beneficial interest whatsoever in Borrower or any guarantor (whether directly or indirectly), will conduct business with (i) no Related Entity will be or engage in any transaction with any person or entity named on any of the OFAC Lists or any person or entity included in, owned by, controlled by, act acting for or on behalf of, provide providing assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons or entities referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other the OFAC Lists, and (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons referred to or described in any list of persons, entities and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC lists.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9aa- 9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation regulations currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 Borrower herby covenants and agrees that if it becomes aware or receives any notice that any Related Entity is named on any of the FAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including without limitation, the Anti-Terrorism Regulations, Mortgagor hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its sole discretion, to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 Upon Lender’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 above remain true and correct as of the date of such certificate and confirming Borrower’s compliance with this Section 7.8.
Appears in 1 contract
Samples: Mortgage Agreement (60 East 42nd Street Associates L.L.C.)
Compliance with Anti-Terrorism Regulations. 7.8.1 Borrower hereby covenants and agrees with (ia) no None of the Related Entity Persons will be included in, owned by, controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other OFAC Lists, and (ii) none of the Related Entities will be controlled Controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons Persons referred to or described in any list of persons, entities entities, and governments issued by OFAC pursuant to Executive Order 13224, 13224 or any other OFAC listsList.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-5656 (the “PATRIOT Act”); the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9aa 9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596597; the Bank Secrecy Act, Pub. L. 91-508, 84 Stat. 1114, 1118; the Trading with the Enemy Act, 50 U.S.C. App. Section 1 et seq.; the laws relating to prevention and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 detection of money laundering in 18 U.S.C. Sections 1956 and 1957 and any similar laws or regulation regulations currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) If Borrower herby covenants and agrees that if it becomes aware or receives any notice that any of the Related Entity is Persons are named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately (i) give notice to Lender the Issuer, the Bondowner Representative and the Servicer of such OFAC Violation, and (ii) comply with all laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Borrower hereby authorizes and consents to LenderIssuer’s, Bondowner Representative’s and Servicer’s taking any and all steps Lender deems Issuer, Bondowner Representative and Servicer deem necessary, in its the sole discretiondiscretion of each of Issuer, Bondowner Representative and Servicer, to comply with all Laws laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon LenderIssuer, Bondowner Representative’s or Servicer’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 above this Loan Agreement remain true and correct as of the date of such certificate and confirming Borrower’s compliance with this Section 7.8Section. Borrower also agrees to cooperate with each of Issuer, Bondowner Representative and Servicer, and to cause each Related Person to cooperate with Issuer, Bondowner Representative and Servicer, in providing such additional information and documentation on Borrower’s and such Related Person’s legal or beneficial ownership, policies, procedures and sources of funds as Issuer, Bondowner Representative and Servicer deem necessary or prudent to enable each of them to comply with the Anti-Terrorism Regulations as now in existence or hereafter amended. From time to time upon the written request of Issuer, Bondowner Representative or Servicer, Borrower shall deliver to the requesting party a schedule of the name, legal domicile, address and jurisdiction of organization, if applicable, for each Related Party and each holder of a legal interest in any Borrower.
Appears in 1 contract
Samples: Bond Issuance and Pledge Agreement
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees with that: (i) no Related Entity will be included in, owned by, controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other OFAC Lists, ; and (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons referred to or described in any list of persons, entities entities, and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC lists.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. U.S. C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) Borrower herby covenants and agrees that if it becomes aware or receives any notice that any Related Entity is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately immediately: (i) give notice to Lender of such OFAC Violation, ; and (ii) comply with all laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including without limitation, the Anti-Terrorism Regulations, and Mortgagor hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its sole discretion, to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon Lender’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 7.10 above remain true and correct as of the date of such certificate and confirming Borrower’s compliance with this Section 7.87.11.
Appears in 1 contract
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees that neither Borrower nor any guarantor, nor any persons or entities holding any legal or beneficial interest whatsoever in Borrower or any guarantor (whether directly or indirectly), will knowingly conduct business with (i) no Related Entity will be or engage in any transaction with any person or entity named on any of the OFAC Lists or any person or entity included in, owned by, controlled by, act acting for or on behalf of, provide providing assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons or entities referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other the OFAC Lists, and (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons referred to or described in any list of persons, entities and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC lists.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation regulations currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) Borrower herby hereby covenants and agrees that if it becomes aware or receives any notice that Borrower, any Related Entity guarantor or the Property, or any person or entity holding any legal or beneficial interest whatsoever (whether directly or indirectly) in Borrower, any guarantor or in the Property, is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), then Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws Laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Borrower hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its sole discretion, necessary to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon Lender’s request from time to time during the term of the LoanLoan (which request shall not be made more frequently than twice in any twelve (12) month period, unless (x) an Event of Default has occurred, (y) the Loan is being considered for sale or (z) in connection with a request for a permitted transfer pursuant to Article V below), Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 2.09 above remain true and correct as of the date of such certificate and confirming Borrower’s and any guarantor’s compliance with this Section 7.83.20.
Appears in 1 contract
Samples: Loan Agreement (Piedmont Office Realty Trust, Inc.)
Compliance with Anti-Terrorism Regulations. 7.8.1 Borrower hereby covenants and agrees with (ia) no None of the Related Entity Persons will be included in, owned by, controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other OFAC Lists, and (ii) none of the Related Entities will be controlled Controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons Persons referred to or described in any list of persons, entities entities, and governments issued by OFAC pursuant to Executive Order 13224, 13224 or any other OFAC listsList.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-5656 (the “PATRIOT Act”); the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9aa 9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596597; the Bank Secrecy Act, Pub. L. 91-508, 84 Stat. 1114, 1118; the Trading with the Enemy Act, 50 U.S.C. App. Section 1 et seq.; the laws relating to prevention and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 detection of money laundering in 18 U.S.C. Sections 1956 and 1957 and any similar laws or regulation regulations currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) If Borrower herby covenants and agrees that if it becomes aware or receives any notice that any of the Related Entity is Persons are named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately (i) give notice to Lender the Issuer and the Bondowner Representative of such OFAC Violation, and (ii) comply with all laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Borrower hereby authorizes and consents to Lenderthe Bondowner Representative’s taking any and all steps Lender the Bondowner Representative deems necessary, in its the sole discretiondiscretion of the Bondowner Representative, to comply with all Laws laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon LenderIssuer or Bondowner Representative’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 above this Agreement remain true and correct as of the date of such certificate and confirming Borrower’s compliance with this Section 7.8Section. Borrower also agrees to cooperate with each of Issuer and Bondowner Representative, and to cause each Related Person to cooperate with Issuer and Bondowner Representative, in providing such additional information and documentation on Borrower’s and such Related Person’s legal or beneficial ownership, policies, procedures and sources of funds as Issuer and Bondowner Representative deem necessary or prudent to enable each of them to comply with the Anti-Terrorism Regulations as now in existence or hereafter amended. From time to time upon the written request of Issuer or Bondowner Representative, Borrower shall deliver to the requesting party a schedule of the name, legal domicile, address and jurisdiction of organization, if applicable, for each Related Party and each holder of a legal interest in any Borrower.
Appears in 1 contract
Samples: Loan Agreement
Compliance with Anti-Terrorism Regulations. 7.8.1 Borrower hereby covenants and agrees with (ia) no None of the Related Entity Persons will be included in, owned by, controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other OFAC Lists, and (ii) none of the Related Entities will be controlled Controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons Persons referred to or described in any list of persons, entities entities, and governments issued by OFAC pursuant to Executive Order 13224, 13224 or any other OFAC listsList.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-5656 (the “PATRIOT Act”); the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9aa 9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596597; the Bank Secrecy Act, Pub. L. 91-508, 84 Stat. 1114, 1118; the Trading with the Enemy Act, 50 U.S.C. App. Section 1 et seq.; the laws relating to prevention and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 detection of money laundering in 18 U.S.C. Sections 1956 and 1957 and any similar laws or regulation regulations currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) If Borrower herby covenants and agrees that if it becomes aware or receives any notice that any of the Related Entity is Persons are named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately (i) give notice to Lender the Issuer, the Trustee and the Servicer of such OFAC Violation, and (ii) comply with all laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Xxxxxxxx hereby authorizes and consents to LenderIssuer’s, Trustee’s and Servicer’s taking any and all steps Lender deems Issuer, Trustee and Servicer deem necessary, in its the sole discretiondiscretion of each of Issuer, Trustee and Servicer, to comply with all Laws laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon LenderIssuer, Trustee’s or Servicer’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 above this Agreement remain true and correct as of the date of such certificate and confirming Borrower’s compliance with this Section 7.8Section. Xxxxxxxx also agrees to cooperate with each of Issuer, Trustee and Servicer, and to cause each Related Person to cooperate with Issuer, Trustee and Servicer, in providing such additional information and documentation on Borrower’s and such Related Person’s legal or beneficial ownership, policies, procedures and sources of funds as Issuer, Trustee and Servicer deem necessary or prudent to enable each of them to comply with the Anti-Terrorism Regulations as now in existence or hereafter amended. From time to time upon the written request of Issuer, Trustee or Servicer, Borrower shall deliver to the requesting party a schedule of the name, legal domicile, address and jurisdiction of organization, if applicable, for each Related Party and each holder of a legal interest in any Borrower.
Appears in 1 contract
Samples: Loan Agreement
Compliance with Anti-Terrorism Regulations. 7.8.1 Borrower hereby covenants and agrees with (i) no Related Entity will Neither Trustor nor any persons holding any legal or beneficial interest whatsoever in Trustor shall at any time during the term of the Loan be included described in, owned by, controlled by, act for covered by or on behalf of, provide assistance, support, sponsorship, specially designated pursuant to or services of any kind to, or otherwise associated be affiliated with any of the persons referred to person described in, covered by or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other OFAC Lists, and (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons referred to or described in any list of persons, entities and governments issued by OFAC specially designated pursuant to Executive Order 13224, as amended, or any similar list issued by OFAC or any other department or agency of the United States of America. Notwithstanding the foregoing, Trustor hereby confirms that if it becomes aware or receives any notice of any violation of the foregoing covenant and agreement (an “OFAC lists.
7.8.2 Borrower hereby covenants Violation”), Trustor will immediately (i) give notice to Beneficiary of such OFAC Violation, and agrees that it will (ii) comply at with all times with the requirements of Laws applicable to such OFAC Violation, including, without limitation, Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 Borrower herby covenants and agrees that if it becomes aware or receives any notice that any Related Entity is named on any of the FAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including without limitation, the Anti-Terrorism Regulations, Mortgagor Trustor hereby authorizes and consents to LenderBeneficiary’s taking any and all reasonable steps Lender Beneficiary deems necessary, in its sole discretion, to comply with all Laws applicable to any such OFAC Violation, including, without limitation, including the requirements of the Anti-Terrorism Regulations (including Regulations. Notwithstanding anything to the “freezing” and/or “blocking” of assets).
7.8.4 Upon Lender’s request from time contrary in this Paragraph 3.11, Trustor shall not be deemed to time during the term be in violation of the Loan, Borrower agrees to deliver a certification confirming that the representations covenants and warranties agreements set forth in Section 7.7 above remain true the first sentence of this Paragraph 3.11 if Trustor timely complies with all requirements imposed by the foregoing sentence and correct as all requirements of the date of Anti-Terrorism Regulations and all other applicable Laws relating to such certificate and confirming Borrower’s compliance with this Section 7.8OFAC Violation.
Appears in 1 contract
Samples: Agreement to Sell and Acquire Real Estate (Glass House Brands Inc.)
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees that neither Borrower nor any guarantor, nor any persons or entities holding any legal or beneficial interest whatsoever in Borrower or any guarantor (whether directly or indirectly), will conduct business with (i) no Related Entity will be or engage in any transaction with any person or entity named on any of the OFAC Lists or any person or entity included in, owned by, controlled by, act acting for or on behalf of, provide providing assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons or entities referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other the OFAC Lists, and (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons referred to or described in any list of persons, entities and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC lists.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or are regulation currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) Borrower herby hereby covenants and agrees that if it becomes aware or receives any notice that Borrower, any Related Entity guarantor or the Property, or any person or entity holding any legal or beneficial interest whatsoever (whether directly or indirectly) in Borrower, any guarantor or in the Property, is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws Laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Borrower hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its sole discretion, to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon Lender’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 2.09 above remain true and correct as of the date of such certificate and confirming Borrower’s and any guarantor’s compliance with this Section 7.8.3.20. Prudential Loan No. 7061xxxxx Xxxx Building Supplemental Loan Mortgage and Security Agreement
Appears in 1 contract
Samples: Second Priority Mortgage and Security Agreement (250 West 57th St Associates L.L.C.)
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees that neither Borrower nor any guarantor, nor any persons or entities holding any legal or beneficial interest whatsoever in Borrower or any guarantor (whether directly or indirectly), will knowingly conduct business with (i) no Related Entity will be or engage in any transaction with any person or entity named on any of the OFAC Lists or any person or entity included in, owned by, controlled by, act acting for or on behalf of, provide providing assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons or entities referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other the OFAC Lists, and (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons referred to or described in any list of persons, entities and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC lists.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation regulations currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) Borrower herby hereby covenants and agrees that if it becomes aware or receives any notice that Borrower, any Related Entity guarantor or the Property, or any person or entity holding any legal or beneficial interest whatsoever (whether directly or indirectly) in Borrower, any guarantor or in the Property, is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws Laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Borrower hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its sole discretion, to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).. CENTRAL\31200109.7 -23-
7.8.4 (d) Upon Lender’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 3.09 above remain true and correct as of the date of such certificate and confirming Borrower’s and any guarantor’s compliance with this Section 7.84.20.
Appears in 1 contract
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees that neither Borrower nor any guarantor, nor any persons or entities holding any legal or beneficial interest whatsoever in Borrower or any guarantor (whether directly or indirectly), will knowingly conduct business with (i) no Related Entity will be or engage in any transaction with any person or entity named on any of the OFAC Lists or any person or entity included in, owned by, controlled by, act acting for or on behalf of, provide providing assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons or entities referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other the OFAC Lists, and (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons referred to or described in any list of persons, entities and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC lists.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation regulations currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) Borrower herby hereby covenants and agrees that if it becomes aware or receives any notice that Borrower, any Related Entity guarantor or the Property, or any person or entity holding any legal or beneficial interest whatsoever (whether directly or indirectly) in Borrower, any guarantor or in the Property, is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws Laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Borrower hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its sole discretion, to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon Lender’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 2.09 above remain true and correct as of the date of such certificate and confirming Borrower’s and any guarantor’s compliance with this Section 7.83.20.
Appears in 1 contract
Samples: Deed of Trust and Security Agreement (CNL Income Properties Inc)
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees that neither Borrower nor any guarantor, nor any persons or entities holding any legal or beneficial interest whatsoever in Borrower or any guarantor (whether directly or indirectly), will knowingly conduct business with (i) no Related Entity will be or engage in any transaction with any person or entity named on any of the OFAC Lists or any person or entity included in, owned by, controlled by, act acting for or on behalf of, provide providing assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons or entities referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other the OFAC Lists; provided, and however, that the foregoing covenant shall not be deemed violated with respect to any of (i) the Individual Beneficiaries, (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorshipIndividual Shareholders, or services (iii) tenants, subtenants and residents of any kind toits Individual Property, or otherwise associate so long as Borrower complies with any the provisions of the persons referred to or described in any list of persons, entities and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC listsSection 3.20(c) below.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation regulations currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) Borrower herby hereby covenants and agrees that if it becomes aware or receives any notice that Borrower, any Related Entity guarantor or its Individual Property, or any person or entity holding any legal or beneficial interest whatsoever (whether directly or indirectly) in Borrower, any guarantor or in Prudential Loan Nos. 706109321 - 706109336 CNL BV Portfolio Amended and Restated Loan Agreement Borrower’s Individual Property, is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), then Borrower will immediately (i) give notice to Lender of such OFAC Violation, and (ii) comply with all laws Laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Borrower hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its sole discretion, necessary to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon Lender’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 2.09 above remain true and correct as of the date of such certificate and confirming Borrower’s and any guarantor’s compliance with this Section 7.83.20.
Appears in 1 contract
Compliance with Anti-Terrorism Regulations. 7.8.1 (a) Borrower hereby covenants and agrees with that: (i) no Related Entity will be included in, owned by, controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associated with any of the persons referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other OFAC Lists, ; and (ii) none of the Related Entities will be controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons referred to or described in any list of persons, entities entities, and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC lists.
7.8.2 (b) Borrower hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub., L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Sanctions Regulations, 31 C.F.R. C.F.R, Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 (c) Borrower herby hereby covenants and agrees that if it becomes aware or receives any notice that any Related Entity is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), Borrower will immediately (i1) give notice to Lender of such OFAC Violation, and (ii) comply with all laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including without limitation, the Anti-Terrorism Regulations, and Mortgagor hereby authorizes and consents to Lender’s taking any and all steps Lender deems necessary, in its it sole discretion, to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon Lender’s request from time to time during the term of the Loan, Borrower agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 7.10 above remain true and correct as of the date of such certificate and confirming Borrower’s compliance with this Section 7.87.11.
Appears in 1 contract
Samples: Loan Agreement (Minn Shares Inc)
Compliance with Anti-Terrorism Regulations. 7.8.1 Borrower (a) Mortgagor hereby covenants and agrees with that (i) no Related Entity will be included in, owned by, controlled Controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associated associate with any of the persons Persons referred to or described in any list of persons, entities, and governments issued by OFAC pursuant to Executive Order 13224 or any other OFAC Lists, and (ii) none of the Related Entities will be controlled Controlled by, act for or on behalf of, provide assistance, support, sponsorship, or services of any kind to, or otherwise associate with any of the persons Persons referred to or described in any list of persons, entities entities, and governments issued by OFAC pursuant to Executive Order 13224, or any other OFAC listsLists.
7.8.2 Borrower (b) Xxxxxxxxx hereby covenants and agrees that it will comply at all times with the requirements of Executive Order 13224; the International Emergency Economic Powers Act, 50 U.S.C. Section Sections 1701-06; the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Pub.. L. 107-56; the Iraqi Sanctions Act, Pub.. L. 101-513, 000 Xxxx104 Stat. 00002047-0055; the United Nations Participation Act, 22 U.S.C. Section 287c; the Antiterrorism and Effective Death Penalty Act, (enacting 8 U.S.C. Section 219, 18 U.S.C. Section 2332d, and 18 U.S.C. Section 2339b); the International Security and Development Cooperation Act, 22 U.S.C. Section 2349 aa-9; the Terrorism Sanctions Regulations, 31 C.F.R. Part 595; the Terrorism List Government Governments Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R. Part 596; and the Foreign Terrorist Organizations Sanctions Regulations, 31 C.F.R Part 597 and any similar laws or regulation currently in force or hereafter enacted (collectively, the “Anti-Terrorism Regulations”).
7.8.3 Borrower herby (c) Mortgagor hereby covenants and agrees that if it becomes aware or receives any notice that any Related Entity is named on any of the FAC OFAC Lists (such occurrence, an “OFAC Violation”), Borrower Mortgagor will immediately (i) give notice to Lender Mortgagee of such OFAC Violation, and (ii) comply with all laws Laws applicable to such OFAC Violation (regardless of whether the party included on any of the OFAC Lists is located within the jurisdiction of the United States of America), including including, without limitation, the Anti-Terrorism Regulations, Mortgagor and Xxxxxxxxx hereby authorizes and consents to LenderMortgagee’s taking any and all steps Lender Mortgagee deems necessary, in its sole discretion, to comply with all Laws applicable to any such OFAC Violation, including, without limitation, the requirements of the Anti-Terrorism Regulations (including the “freezing” and/or “blocking” of assets).
7.8.4 (d) Upon LenderMortgagee’s request from time to time during the term of the Loan, Borrower Xxxxxxxxx agrees to deliver a certification confirming that the representations and warranties set forth in Section 7.7 1.34 above remain true and correct as of the date of such certificate and confirming BorrowerXxxxxxxxx’s compliance with this Section 7.81.35.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Industrial Income Trust Inc.)