Economic Sanctions, Anti-Money Laundering and Anti-Corruption. None of Borrower, any Guarantor, any Key Principal, or any Principal, nor to Borrower’s knowledge, its general partners, managing members, managers (if non-member managed), or any Person owning or controlling any of them: (1) is in violation of: (A) any applicable anti-money laundering laws, including those contained in the Bank Secrecy Act; (B) any applicable economic sanction laws administered by OFAC or by the United States Department of State; or (C) any applicable anti-drug trafficking, anti-terrorism, or anti-corruption laws, civil or criminal; or (2) is a Person: (A) that is charged with, or has reason to believe that he, she or it is under investigation for, any violation of any such laws; (B) that has been convicted of any violation of, has been subject to civil penalties pursuant to, or had any of its property seized or forfeited under any such laws; (C) named on the list of “Specially Designated Nationals or Blocked Persons” maintained by OFAC (or any successor United States government office or list), or any similar list maintained by the United States Department of State (or any successor United States government office or list); (D) with whom any United States Person, any entity organized under the laws of the United States or its constituent states or territories, or any entity, regardless of where organized, having its principal place of business within the United States or any of its territories, is prohibited from transacting business of the type contemplated by this Loan Agreement and the other Loan Documents under any other applicable law; or (E) that is owned, controlled by, or affiliated with any Person identified in clause (A), (B), (C), and/or (D) of this Section 4.01(g)(2); or (3) is in violation of any obligation to maintain appropriate internal controls as required by the governing laws of the jurisdiction of such Person as are necessary to ensure compliance with the economic sanctions, anti-money laundering and anti-corruption laws of the United States and the jurisdiction where the Person resides, is domiciled or has its principal place of business.
Appears in 2 contracts
Samples: Multifamily Loan and Security Agreement (Steadfast Income REIT, Inc.), Multifamily Loan and Security Agreement (Steadfast Income REIT, Inc.)
Economic Sanctions, Anti-Money Laundering and Anti-Corruption. None of Borrower(1) Each Borrower Entity, any GuarantorIdentified Party, any Key PrincipalSteadfast REIT Holdings, or any Principal, nor to Borrower’s knowledge, its general partners, managing members, managers (if non-member managed)LLC, or any Person owning Controlled by Borrower Entity that also has a direct or controlling indirect Ownership Interest in any of them:
(1) is Borrower Entity shall remain in violation of:
(A) compliance with any applicable anti-money laundering laws, civil or criminal laws or regulations (including those contained in the Bank Secrecy Act;
(Brequiring internal controls) any applicable economic sanction laws administered by OFAC intended to prohibit, prevent, or by regulate money laundering, drug trafficking, terrorism, or corruption, of the United States Department of State; or
(C) any applicable anti-drug traffickingand the jurisdiction where the Mortgaged Property is located or where the Person resides, anti-terrorismis domiciled, or anti-corruption laws, civil or criminal; orhas its principal place of business.
(2) is At no time shall any Borrower Entity, any Identified Party, Steadfast REIT Holdings, LLC, or any Person Controlled by Borrower Entity that also has a direct or indirect Ownership Interest in any Borrower Entity, be a Person:
(A) that is charged with, or has reason to believe that he, she or it is under investigation for, against whom proceedings are pending for any alleged violation of any such lawslaws described in Section 4.02(b)(1) (Borrower Status – Covenants – Economic Sanctions, Anti-Money Laundering, and Anti-Corruption);
(B) that has been convicted of any violation of, has been subject to civil penalties or Economic Sanctions pursuant to, or had any of its property seized or forfeited under under, any such laws;laws described in Section 4.02(b)(1) (Borrower Status – Covenants – Economic Sanctions, Anti-Money Laundering, and Anti-Corruption); or
(C) named on the list of “Specially Designated Nationals or Blocked Persons” maintained by OFAC (or any successor United States government office or list), or any similar list maintained by the United States Department of State (or any successor United States government office or list);
(D) with whom any United States Person, any entity organized under the laws of the United States or its constituent states or territories, or any entity, regardless of where organized, having its principal place of business within the United States or any of its territories, is a Sanctioned Person or is otherwise prohibited from transacting business of the type contemplated by this Loan Master Agreement and the other Loan Documents under any other applicable law; or
(E) that is owned, controlled by, or affiliated with any Person identified in clause (A), (B), (C), and/or (D) of this Section 4.01(g)(2); orApplicable Law.
(3) is Borrower, Guarantor, and Key Principal shall at all times remain in violation of any obligation to maintain appropriate internal controls as required by the governing laws of the jurisdiction of such Person as are necessary to ensure compliance with the economic sanctions, anti-money laundering any applicable Economic Sanctions laws and anti-corruption laws of the United States and the jurisdiction where the Person resides, is domiciled or has its principal place of businessregulations.
Appears in 1 contract
Samples: Master Credit Facility Agreement (Steadfast Apartment REIT, Inc.)
Economic Sanctions, Anti-Money Laundering and Anti-Corruption. None of Borrower, any Guarantor, any Key Principal, or any Principal, nor to Borrower’s knowledge, its general partners, managing members, managers (if non-member managed), or any Person owning or controlling any of them:
(1) is in violation of:
(A) any applicable anti-money laundering laws, including those contained in the Bank Secrecy Act;
(B) any applicable economic sanction laws administered by OFAC or by the United States Department of State; or
(C) any applicable anti-drug trafficking, anti-terrorism, or anti-corruption laws, civil or criminal; or
(2) is a Person:
(A) that is charged with, or has reason to believe that he, she or it is under investigation for, any violation of any such laws;
(B) that has been convicted of any violation of, has been subject to civil penalties pursuant to, or had any of its property seized or forfeited under any such laws;
(C) named on the list of “Specially Designated Nationals or Blocked Persons” maintained by OFAC (or any successor United States government office or list), or any similar list maintained by the United States Department of State (or any successor United States government office or list);
(D) with whom any United States Person, any entity organized under the laws of the United States or its constituent states or territories, or any entity, regardless of where organized, having its principal place of business within the United States or any of its territories, is prohibited from transacting business of the type contemplated by this Loan Agreement and the other Loan Documents under any other applicable law; or
(E) that is owned, controlled by, or affiliated with any Person identified in clause (A), (B), (C), and/or (D) of this Section 4.01(g)(2); or
(3) is in violation of any obligation to maintain appropriate internal controls as required by the governing laws of the jurisdiction of such Person as are necessary to ensure compliance with the economic sanctions, anti-money laundering and anti-corruption laws of the United States and the jurisdiction where the Person resides, is domiciled or has its principal place of business.
4) Section 4.02(b) is deleted and replaced with the following:
Appears in 1 contract
Samples: Multifamily Loan and Security Agreement (Independence Realty Trust, Inc)
Economic Sanctions, Anti-Money Laundering and Anti-Corruption. (1) None of Borrower, any Guarantor, or any Key Principal, or any Principal, nor to Borrower’s knowledge, its general partners, managing members, managers (if non-member managed), or any Person owning or controlling having a Controlling Interest in any of them:
(1) them is in violation of:
(A) any applicable anti-money laundering laws, including those contained in the Bank Secrecy Act;; and
(B) any applicable economic sanction laws administered by OFAC or by the United States Department of State; or
(C) any applicable anti-drug trafficking, anti-terrorism, or anti-corruption laws, civil or criminal; or.
(2) None of Borrower, any Guarantor, any Key Principal, nor to Borrower’s knowledge, any Person having a Controlling Interest in any of them is a Person:
(A) that is charged with, or has reason to believe that he, she or it is under investigation for, any violation of any such laws;
(B) that has been convicted of any violation of, has been subject to civil penalties pursuant to, or had any of its property seized or forfeited under any such laws;
(C) named on the list of “Specially Designated Nationals or Blocked Persons” maintained by OFAC (or any successor United States government office or list), or any similar list maintained by the United States Department of State (or any successor United States government office or list);
(D) with whom any United States Person, any entity organized under the laws of the United States or its constituent states or territories, or any entity, regardless of where organized, having its principal place of business within the United States or any of its territories, is prohibited from transacting business of the type contemplated by this Loan Agreement and the other Loan Documents under any other applicable law; or;
(ED) that is owned, controlled by, or affiliated with any Person identified in clause (A), (B), ) and/or (C), and/or (D) of this Section 4.01(g)(2); or.
(3) None of Borrower, any Guarantor, any Key Principal, nor to Borrower’s knowledge, any Person having a Controlling Interest in any of them, is in violation of any obligation to maintain appropriate internal controls as required by the governing laws of the jurisdiction of such Person as are necessary to ensure compliance with the economic sanctions, anti-money laundering and anti-corruption laws of the United States and the jurisdiction where the Person resides, is domiciled or has its principal place of business.
(4) Borrower, Guarantor and Key Principal are in compliance with all applicable economic sanctions laws administered by OFAC, the United States Department of State, or the United States Department of Commerce.
Appears in 1 contract
Samples: Multifamily Loan and Security Agreement (Independence Realty Trust, Inc)
Economic Sanctions, Anti-Money Laundering and Anti-Corruption. (1) None of Borrower, any Guarantor, Guarantor or any Key Principal, or any Principal, nor to Borrower’s 's knowledge, its general partners, managing members, managers (if non-member managed), or any Person owning or controlling a Controlling Interest in any of them:
(1) them is in violation of:
(A) any applicable anti-money laundering laws, including those contained in the Bank Secrecy Act;; and
(B) any applicable economic sanction laws administered by OFAC or by the United States Department of State; or
(C) any applicable anti-drug trafficking, anti-terrorism, or anti-anti- corruption laws, civil or criminal; or.
(2) None of Borrower, any Guarantor, any Key Principal, or any Principal, nor to Borrower's knowledge, its general partners, managing members, managers (if non- member managed), or any Person owning a Controlling Interest in any of them is a Person:
(A) that is charged with, or has reason to believe that he, she or it is under investigation for, any violation of any such laws;
(B) that has been convicted of any violation of, has been subject to civil penalties pursuant to, or had any of its property seized or forfeited under under, any such laws;
(C) named on the list of “Specially Designated Nationals or Blocked Persons” maintained by OFAC (or any successor United States government office or list), or any similar list maintained by the United States Department of State (or any successor United States government office or list);
(D) with whom any United States Person, any entity organized under the laws of the United States or its constituent states or territories, or any entity, regardless of where organized, having its principal place of business within the United States or any of its territories, is prohibited from transacting business of the type contemplated by this Loan Agreement and the other Loan Documents under any other applicable law; or
(E) that is owned, controlled by, or affiliated with any Person identified in clause (A), (B), (C), and/or (D) of this Section 4.01(g)(2); or[Intentionally Deleted].
(3) None of Borrower, any Guarantor, any Key Principal, nor to Borrower's knowledge, its general partners, managing members, managers (if non-member managed), or any Person owning a Controlling Interest in any of them is in violation of any obligation to maintain appropriate internal controls as required by the governing laws of the jurisdiction of such Person as are necessary to ensure compliance with the economic sanctions, anti-money laundering laundering, and anti-corruption laws of the United States and the jurisdiction where the Person resides, is domiciled or has its principal place of business.
(4) Borrower, Guarantor and Key Principal are in compliance with all applicable economic sanctions laws administered by OFAC, the United States Department of State, or the United States Department of Commerce.
Appears in 1 contract
Samples: Multifamily Loan and Security Agreement (Bluerock Residential Growth REIT, Inc.)