Debarred Personnel. Neither Seller nor any of its Representatives who has undertaken activities in connection with the Product Business is or has been (a) debarred or convicted, or is subject to a pending debarment or conviction, pursuant to section 306 of the Act; (b)(A) listed by any government or regulatory agencies as ineligible to participate in a “Federal Health Care Program” (as that term is defined in 42 U.S.C. 1320a-7b(f)), or in any other government payment program, or (B) excluded, debarred, suspended or otherwise made ineligible to participate in any such program; (c) listed on the General Services Administration’s List of parties Excluded from Federal Procurement and Nonprocurement Programs; or (d) to Seller’s Knowledge, convicted of a criminal offense related to the provision of healthcare items or services, or that could lead to debarment, exclusion, suspension, or the loss of eligibility to participate in a Federal Health Care Program or in Federal Procurement and Nonprocurement Programs.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Pernix Therapeutics Holdings, Inc.), Asset Purchase Agreement (Zogenix, Inc.), Asset Purchase Agreement (Pernix Therapeutics Holdings, Inc.)