Compliance with the Foreign Corrupt Practices Act. 16.1 Ding Hong acknowledges that DSH is a corporation with substantial presence and affiliation in the United States and, as such, is subject to the provisions of the Foreign Corrupt Practices Act of 1977 of the United States of America, 15 U.S.C. §§ 78dd-1, et seq., which prohibits the making of corrupt payments (the “FCPA”). Under the FCPA, it is unlawful to pay or to offer to pay anything of value to foreign government officials, or employees, or political parties or candidates, or to persons or entities who will offer or give such payments to any of the foregoing in order to obtain or retain business or to secure an improper commercial advantage.
16.2 Ding Hong further acknowledges that it is familiar with the provisions of the FCPA and hereby agrees that Ding Hong shall take or permit no action which will either constitute a violation under, or cause DSH to be in violation of, the provisions of the FCPA.
Compliance with the Foreign Corrupt Practices Act. Except as set forth on Section 3.27 of the Disclosure Schedule, no Seller has, within the past five (5) years, in connection with the Business (a) used any funds for unlawful contributions, gifts, entertainment or other unlawful expenses related to political activity or (ii) made any unlawful payment to foreign or domestic governmental officials or employees or to foreign or domestic political parties or campaigns or violated any provision of the Federal Corrupt Practices Act of 1977, as amended or any other similar Legal Requirement which makes unlawful payments to Governmental Bodies or international non-governmental agencies and their employees in exchange for favorable treatment or benefits not otherwise available for such payments.
Compliance with the Foreign Corrupt Practices Act. 16.1 Yuan Hao acknowledges that SKE is a corporation with substantial presence and affiliation in the United States and, as such, is subject to the provisions of the Foreign Corrupt Practices Act of 1977 of the United States of America, 15 U.S.C. §§ 78dd-1, et seq., which prohibits the making of corrupt payments (the “FCPA”). Under the FCPA, it is unlawful to pay or to offer to pay anything of value to foreign government officials, or employees, or political parties or candidates, or to persons or entities who will offer or give such payments to any of the foregoing in order to obtain or retain business or to secure an improper commercial advantage.
16.2 Yuan Hao further acknowledges that it is familiar with the provisions of the FCPA and hereby agrees that Yuan Hao shall take or permit no action which will either constitute a violation under, or cause DSH to be in violation of, the provisions of the FCPA.
Compliance with the Foreign Corrupt Practices Act. Since December 28, 1997, none of the Company nor any of its subsidiaries has committed a material violation of the United States Foreign Corrupt Practices Act or any law, rule or regulation of any other jurisdiction to the same effect.
Compliance with the Foreign Corrupt Practices Act. In connection with the Acquired Businesses, Seller and its representatives have not, to obtain or retain business, directly or indirectly offered, paid or promised to pay, or authorized the payment of, any money or other thing of value (including any fee, gift, sample, travel expense or entertainment with a value in excess of One Hundred Dollars ($100.00) in the aggregate to any one individual in any year) to: (i) any person who is an official, officer, agent, employee or representative of any governmental body or of any existing or prospective customer (whether government owned or nongovernment owned); (ii) any political party or official thereof; (iii) any candidate for political or political party office; or (iv) any other individual or entity; while knowing or having reason to believe that all or any portion of such money or thing of value would be offered, given, or promised, directly or indirectly, to any such official, officer, agent, employee, representative, political party, political party official, candidate, individual, or any entity affiliated with such customer, political party or official or political office.
Compliance with the Foreign Corrupt Practices Act. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent or employee of the Company or any of its subsidiaries is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder (the “FCPA”), including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA; and the Company, its subsidiaries and, to the knowledge of the Company, its affiliates have conducted their businesses in compliance with the FCPA and have instituted and maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.
Compliance with the Foreign Corrupt Practices Act. (a) Since January 1, 2008, none of Ashland, any Asset Selling Corporation or, to the Knowledge of Ashland, any director, officer, employee, agent or other representative of Ashland or any Asset Selling Corporation, has in violation of the United States Foreign Corrupt Practices Act, as amended (the “FCPA”) and in order to obtain or retain business related to the Business, directly or indirectly offered, paid or promised to pay, or authorized the payment of, any money or other thing of value to:
(i) any officer of, employee of, or any person acting in an official capacity for or on behalf of, a foreign government (or any department, agency, or instrumentality thereof) or a public international organization (as defined in the FCPA);
(ii) any foreign political party or official thereof;
(iii) any candidate for foreign political office; or
(iv) any person while knowing that all or a portion of such money or thing of value will be offered, given or promised, directly or indirectly, to any foreign official, to any foreign political party or official thereof or to any candidate for foreign political office.
(b) Ashland and each Asset Selling Corporation maintain a system of internal accounting controls designed to provide reasonable assurances that:
(i) transactions are executed and access to assets is permitted only in accordance with management’s general or specific authorization;
(ii) transactions are recorded as necessary to permit preparation of financial statements in conformity with GAAP as applied, on a consistent basis, by Ashland or any other criteria applicable to such statements and to maintain accountability for assets; and
(iii) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action is taken with respect to any differences.
Compliance with the Foreign Corrupt Practices Act. LEXON and its representatives have not, to obtain or retain business, directly or indirectly offered, paid, or promised to pay, or authorized the payment of, any money or other thing of value (including any fee, gift sample, travel expense or entertainment with a value in excess of $100.00 in the aggregate to any one individual in any year) or any commission payment in excess of 1% of any amount payable, to:
(a) any person who is an official, officer, agent, employee or representative of any Governmental or Regulatory Body or of any existing or prospective customer (whether government owned or non-government owned); (b) any political party or official thereof; (c) any candidate for political or political party office; or (d) any other individual or entity; while knowing or having reason to believe that all or any portion of such money or thing of value would be offered, given, or promised, directly or indirectly, to any such official, officer, agent, employee, representative, political party, political party official, candidate, individual, or any entity affiliated with such customer, political party or official or political office. LEXON has made all payments to third parties by check mailed to such third parties' principal place of business or by wire transfer to a bank located in the same jurisdiction as such party's principal place of business. Each transaction is properly and accurately recorded on the books and records of LEXON, and each document upon which entries in LEXON's books and records are based is complete and accurate in all respects. LEXON maintains a system of internal accounting controls adequate to insure that LEXON maintains no off-the-books accounts and that LEXON's assets are used only in accordance with LEXON's management directives.
Compliance with the Foreign Corrupt Practices Act. (FCPA), other Anti-bribery Laws and other U.S. Trade Laws.
(a) Compliance with the FCPA and Other Antibribery Laws. Neither the Company, including its officers, directors, managers, employees and agents, or any other Persons acting on any of their behalf, nor any of the Company’s Dealers (“Company Persons”), have taken any action, directly or indirectly, that would result in a violation by such Persons of the U.S. Foreign Corrupt Practices Act of 1977, as amended (“FCPA”) or applicable comparable anti-bribery laws of any other country. For the purposes of this representation, “U.S. Foreign Corrupt Practices Act” means 15 U.S.C. §§ 78dd-1, et seq. Such action in violation of the FCPA would include, without limitation, paying or giving, or offering to pay or to give, anything of value to any foreign official, foreign political party or party official, or any candidate for foreign political office in order to influence an official act or decision that would assist the Company, including its officers, directors, managers, employees, and agents, or its Dealers. “Foreign officials” include any officer or employee of a foreign government, a public international organization, or department or agency thereof, any institution owned or controlled by a foreign government or public international organization or any person employed by or acting in an official capacity thereof, in order to influence an official act or decision that would assist the Company, including its officers, directors, managers, employees, and agents, or its Dealers in obtaining or retaining business from such agencies, institutions or organizations.
Compliance with the Foreign Corrupt Practices Act. To the knowledge of the Warranting Party, neither itself nor any of its senior management or directors has taken any action in violation of the United States Foreign Corrupt Practices Act.
