Common use of Compliance with OFAC Restrictions Clause in Contracts

Compliance with OFAC Restrictions. The Lender and the Borrower are obligated to comply with the laws and regulations administered by the United States Office of Foreign Assets Control ("OFAC"), referred to as "OFAC Restrictions". In order to comply with OFAC Restrictions, the Lender may be required to temporarily suspend processing a transaction, which may result in delayed availability of funds, or may be prohibited from closing a transaction altogether. The Borrower agrees to the foregoing, and further agrees that if the Lender is required by applicable OFAC Restrictions to suspend processing a transaction, or is prohibited from by applicable OFAC Restrictions from closing a transaction, the Lender will not be liable for any damages of any kind or nature (including, without limitation, actual, consequential, special, incidental, punitive, or indirect damages, whether arising out of claims for "lender liability" or any other cause), which the Borrower may suffer or incur in connection with such suspension of, or failure to close, a transaction.

Appears in 4 contracts

Samples: Loan Documents (Pacific Office Properties Trust, Inc.), Pacific Office Properties Trust, Inc., Loan Documents (Pacific Office Properties Trust, Inc.)

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Compliance with OFAC Restrictions. The Lender and the Borrower are obligated to comply with the laws and regulations administered by the United States Office of Foreign Assets Control ("OFAC"), referred to as "OFAC Restrictions". In order to comply with OFAC Restrictions, the Lender may be required to temporarily suspend processing a transaction, which may result in delayed availability of funds, or may be prohibited from closing a transaction altogether. The Borrower agrees to the foregoing, and further agrees that if the Lender is required by applicable OFAC Restrictions to suspend processing a transaction, or is prohibited from by applicable OFAC Restrictions from closing a transaction, the Lender will not be liable for any damages of any kind or nature (including, without limitation, actual, consequential, special, incidental, punitive, or indirect damages, whether arising out of claims for "lender liability" or any other cause), which the Borrower may suffer or incur in connection with such suspension of, or failure to close, a transaction.

Appears in 3 contracts

Samples: Loan Documents (Pacific Office Properties Trust, Inc.), www.sec.gov, Loan Documents (Pacific Office Properties Trust, Inc.)

Compliance with OFAC Restrictions. The Each Lender and the Borrower are obligated to comply with the laws and regulations administered by the United States Office of Foreign Assets Asset Control ("OFAC"), referred to as "OFAC Restrictions"”). In order to comply with OFAC Restrictions, the each Lender may be required to temporarily suspend processing a transaction, which may result in delayed availability of funds, or may be prohibited from closing a transaction altogether. The Borrower agrees to the foregoing, and further agrees that if the any Lender is required by applicable OFAC Restrictions to suspend processing of a transaction, or is prohibited from by applicable OFAC Restrictions from closing a transaction, the such Lender will not be liable for any damages of any kind or nature (including, without limitation, actual, consequential, special, incidental, punitive, or indirect damages, whether arising out of claims for "lender liability" or any other cause), which the Borrower may suffer or incur in connection with any such suspension of, or failure to close, a transaction.

Appears in 1 contract

Samples: Credit Agreement (Hawaiian Telcom Holdco, Inc.)

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Compliance with OFAC Restrictions. The Lender Borrower and the Borrower Lender are obligated to comply with the laws and regulations administered by the United States Office of Foreign Assets Asset Control ("OFAC"), referred to as "OFAC Restrictions"”). In order to comply with OFAC Restrictions, the Lender may be required to temporarily suspend processing a transactionthe Commitment, which may result in delayed availability of funds, or may be prohibited from closing a transaction the Commitment altogether. The Borrower agrees to the foregoing, and further agrees that if the Lender is required by applicable OFAC Restrictions to suspend processing a transactionof the Commitment, or is prohibited from by applicable OFAC Restrictions from closing a transactionthe Commitment, the Lender will not be liable for any damages of any kind or nature (including, without limitation, actual, consequential, special, incidental, punitive, or indirect damages, whether arising out of claims for "lender liability" or any other cause), which the Borrower may suffer or incur in connection with any such suspension of, or failure to close, a transactionthe Commitment.

Appears in 1 contract

Samples: Loan Agreement (Maui Land & Pineapple Co Inc)

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