Common use of Compliance with the Foreign Corrupt Practices Act and Export Control and Antiboycott Laws Clause in Contracts

Compliance with the Foreign Corrupt Practices Act and Export Control and Antiboycott Laws. (a) The Company has 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 $10,000 in the aggregate to any one individual in any year) or any commission payment in excess of five percent (5%) of any amount payable, to: (i) any person who is an official, officer, agent, employee or representative of any Governmental Authority 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. (b) Each transaction is properly and accurately recorded on the Books and Records of Company, and each document upon which entries in Company's Books and Records are based is complete and accurate. The Company maintains a system of internal accounting controls designed to insure that the Company maintains no off-the-books accounts and that Company's assets are used only in accordance with the Company's management directives. (c) The Company has at all times been in compliance with all Legal Requirements relating to export control and trade embargoes. No product sold or service provided by Company during the last five (5) years has been, directly or indirectly, sold to or performed on behalf of Cuba, Iraq, Iran, Libya or North Korea. (d) Company has not violated the antiboycott prohibitions contained in 50 U.S.C. sect. 2401 et seq. or taken any action that can be penalized under Section 999 of the Code. During the last five (5) years, Company has not been a party to, is not a beneficiary under and has not performed any service or sold any product under any Company Contract under which a product has been sold to customers in Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia, Sudan, Syria, United Arab Emirates or the Republic of Yemen.

Appears in 3 contracts

Samples: Asset Purchase Agreement (North American Scientific Inc), Asset Purchase Agreement (North American Scientific Inc), Asset Purchase Agreement (North American Scientific Inc)

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Compliance with the Foreign Corrupt Practices Act and Export Control and Antiboycott Laws. (a) The Company has 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 ($10,000 100) in the aggregate to any one individual in any year) or any commission payment in excess of five percent (5%) of any amount payable, payable to:: (i) any person who is an official, officer, agent, employee or representative of any Governmental Authority 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. (b) Except as set forth in Schedule 2.27(b), Seller 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. (c) Each transaction is properly and accurately recorded on the Books books and Records of CompanySeller, and each document upon which entries in Company's Books Seller’s books and Records are based is complete and accurateaccurate in all respects. The Company Seller maintains a system of internal accounting controls designed adequate to insure that the Company Seller maintains no off-the-books accounts and that Company's Seller’s assets are used only in accordance with the Company's Seller’s management directives. (cd) The Company Seller has at all times been in compliance with all Legal Requirements relating to export control and trade embargoes. No product sold or service provided by Company Seller during the last five (5) years has been, directly or indirectly, sold to or performed on behalf of Cuba, Iraq, Iran, Libya or North Korea. (de) Company Except as set forth in Schedule 2.27(e), Seller has not violated the antiboycott prohibitions contained in 50 U.S.C. sect. 2401 et seq. or taken any action that can be penalized under Section 999 of the Code. During Except as set forth in Schedule 2.27(e), during the last five (5) years, Company Seller has not been a party to, is not a beneficiary under and has not performed any service or sold any product under any Company Seller Contract under which a product has been sold to customers in Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia, Sudan, Syria, United Arab Emirates or the Republic of Yemen.

Appears in 1 contract

Samples: Asset Purchase Agreement (Widepoint Corp)

Compliance with the Foreign Corrupt Practices Act and Export Control and Antiboycott Laws. (a) The Company has Seller and its Representatives have not, to obtain or retain business, directly or indirectly offered, paid paid, or promised to pay, or authorized the payment of, any money or other thing of value (including any fee, gift, sample, travel expense expense, or entertainment with a value in excess of $10,000 100.00 in the aggregate to any one individual in any year) or any commission payment in excess of five percent (5%) of any amount payablepayment, to: (i) any person who is an official, officer, agent, employee employee, or representative of any Governmental Authority Body or of any existing or prospective customer (whether government owned or nongovernment non-government 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 party, or official or political office. (b) Except as set forth in Part 3.23(b), Seller 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. (c) Each transaction is properly and accurately recorded on the Books books and Records of CompanySeller, and each document upon which entries in Company's Books Seller’s books and Records are based is complete and accurateaccurate in all material respects. The Company Seller maintains a system of internal accounting controls designed adequate to insure that the Company Seller maintains no off-the-books accounts and that Company's Seller’s assets are used only in accordance with the Company's Seller’s management directives. (cd) The Company Seller has at all times been in compliance with all Legal Requirements relating to export control and trade embargoes. No product sold or service provided by Company Seller during the last five (5) 5 years has been, directly or indirectly, sold to or performed on behalf of Cuba, Iraq, Iran, Libya Libya, or North Korea. (de) Company Except as set forth in Part 3.23(e), Seller has not violated the antiboycott anti-boycott prohibitions contained in 50 U.S.C. sect. 2401 et seq. or taken any action that can be penalized under Section 999 of the Code. During the last five (5) years, Company has not been a party to, is not a beneficiary under and has not performed any service or sold any product under any Company Contract under which a product has been sold to customers in Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia, Sudan, Syria, United Arab Emirates or the Republic of Yemen.

Appears in 1 contract

Samples: Asset Purchase Agreement (Chad Therapeutics Inc)

Compliance with the Foreign Corrupt Practices Act and Export Control and Antiboycott Laws. In each case solely as it relates to the Acquired Business or the Purchased Assets: (a) The Company has notNone of Seller nor any Foreign Subsidiary or any of their representatives have, 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 ($10,000 100.00) in the aggregate to any one individual in any year) or any commission payment in excess of five percent (5%) of any amount payable), to: (i) any person who is an official, officer, agent, employee or representative of any Governmental Authority 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. (b) Each transaction is properly and accurately recorded on the Books and Records of Company, Seller and each document upon which entries in Company's Books and Records are based is complete and accurate. The Company maintains a system of internal accounting controls designed to insure that the Company maintains no off-the-books accounts and that Company's assets are used only in accordance with the Company's management directives. (c) The Company Foreign Subsidiary has at all times been in compliance with all Legal Requirements relating to export control and trade embargoes. No product sold or service provided by Company Seller or any Foreign Subsidiary during the last five (5) years has been, directly or indirectly, sold to or performed on behalf of Cuba, Iraq, Iran, Libya or North Korea. (dc) Company Neither Seller nor any Foreign Subsidiary has not violated the antiboycott prohibitions contained in 50 U.S.C. sect. 2401 et seq. or taken any action that can be penalized under Section 999 of the Code. During the last five (5) years, Company neither Seller nor any Foreign Subsidiary has not been a party to, is not a beneficiary under and has not performed any service or sold any product under any Company Seller Contract under which a product has been sold to customers in Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia, Sudan, Syria, United Arab Emirates or the Republic of Yemen.

Appears in 1 contract

Samples: Asset Purchase Agreement (Click Commerce Inc)

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Compliance with the Foreign Corrupt Practices Act and Export Control and Antiboycott Laws. (a) The Company has 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 ($10,000 100.00) in the aggregate to any one individual in any year) or any commission payment in excess of five percent (5%) of any amount payablepayment, to: (i) any person who is an official, officer, agent, employee or representative of any Governmental Authority 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. (b) Except as set forth in Part 3.26(b), Seller 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. (c) Each transaction is properly and accurately recorded on the Books books and Records of CompanySeller, and each document upon which entries in CompanySeller's Books books and Records are based is complete and accurateaccurate in all respects. The Company Seller maintains a system of internal accounting controls designed adequate to insure that the Company Seller maintains no off-the-books accounts and that CompanySeller's assets are used only in accordance with the CompanySeller's management directives. (cd) The Company Seller has at all times been in compliance with all Legal Requirements relating to export control and trade embargoes. No product sold or service provided by Company Seller during the last five (5) years has been, directly or indirectly, sold to or performed on behalf of Cuba, Iraq, Iran, Libya or North Korea. (de) Company Except as set forth in Part 3.26(e), Seller has not violated the antiboycott prohibitions contained in 50 U.S.C. sect. 2401 ss.2401 et seq. or taken any action that can be penalized under Section 999 of the Code. During Except as set forth in Part 3.26(e), during the last five (5) years, Company Seller has not been a party to, is not a beneficiary under and has not performed any service or sold any product under any Company Seller Contract under which a product has been sold to customers in Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Oman, QatarQuatar, Saudi Arabia, Sudan, Syria, United Arab Emirates or the Republic of Yemen.

Appears in 1 contract

Samples: Asset Purchase Agreement (Findwhat Com Inc)

Compliance with the Foreign Corrupt Practices Act and Export Control and Antiboycott Laws. (a) The Neither the Company has notnor any Representatives has, 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 ($10,000 100.00) in the aggregate to any one individual in any year) or any commission payment in excess of five percent (5%) of any amount payable, to: (i) any person who is an official, officer, agent, employee or representative of any Governmental Authority 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. (b) Except as set forth in Schedule 4.29(b), the Company has made all payments to third parties by check, by credit card or by wire transfer to such third party in the country in which the work was performed. (c) Each transaction is properly and accurately recorded on the Books books and Records of Companythe Company in all material respects, and each document upon which entries in the Company's Books ’s books and Records are based is complete and accurateaccurate in all respects. The Company maintains a system of internal accounting controls designed to insure that the Company maintains no off-the-books accounts and that the Company's ’s assets are used only in accordance with the Company's ’s management directives. (cd) The Company has at all times been in compliance with all Legal Requirements relating to export control and trade embargoes. No product sold or service provided by the Company during the last five (5) years has been, been directly or indirectly, sold to or performed on behalf of Cuba, Iraq, Iran, Libya or North Korea. (de) Except as set forth in Schedule 4.29(e), the Company has not violated the antiboycott prohibitions contained in 50 U.S.C. sect. § 2401 et seq. or taken any action that can be penalized under Section 999 of the Code. During Except as set forth in Schedule 4.29(e), during the last five (5) years, the Company has not been a party to, is not a beneficiary under and has not performed any service or sold any product under any Company Contract under which a product has been sold directly to customers in Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Oman, Qatar, Saudi Arabia, Sudan, Syria, United Arab Emirates or the Republic of Yemen.

Appears in 1 contract

Samples: Stock Purchase Agreement (Team Inc)

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