Common use of Embargoed Person Clause in Contracts

Embargoed Person. The Borrower shall not, and shall not permit any Subsidiary to, permit (a) any of the funds or Properties of the Borrower or any Subsidiary that are used to repay the Loans to constitute Property of, or be beneficially owned directly or indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental Requirement, or the Loans would be in violation of a Governmental Requirement, or (ii) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any Subsidiary, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental Requirement or the Loans are in violation of a Governmental Requirement.

Appears in 7 contracts

Samples: Revolving Credit Agreement (Southcross Energy Partners, L.P.), Term Loan Credit Agreement, Term Loan Credit Agreement (Southcross Energy Partners, L.P.)

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Embargoed Person. The Borrower shall not, and shall not permit any Subsidiary to, permit (a) any of the funds or Properties of the Borrower or any Subsidiary that are used to repay the Loans to constitute Property of, or be beneficially owned directly or indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement Regulation promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental RequirementRegulation, or the Loans would be in violation of a Governmental RequirementRegulation, or (ii) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any Subsidiary, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental Requirement Regulation or the Loans are in violation of a Governmental RequirementRegulation.

Appears in 5 contracts

Samples: Credit Agreement (Epl Oil & Gas, Inc.), Credit Agreement (Key Energy Services Inc), Credit Agreement (Energy Partners LTD)

Embargoed Person. The Borrower shall not, and nor shall not it permit or cause any Borrower Subsidiary to, cause or permit (a) any of the funds or Properties properties of the Borrower or any Subsidiary of them that are used to repay the Loans Advances to constitute Property property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i1) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement of Law promulgated thereunder, with the result that the such investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental RequirementRequirement of Law, or the Loans Advances made by the Lenders would be in violation of a Governmental RequirementRequirement of Law, or (ii2) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, interest of any nature whatsoever in any of the Borrower or any Borrower Subsidiary, with the result that the such investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental Requirement of Law or the Loans Advances are in violation of a Governmental RequirementRequirement of Law.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (Genesis Lease LTD), Credit Agreement (AerCap Holdings N.V.)

Embargoed Person. The Borrower shall not, and shall not permit any Subsidiary to, permit (a) At all times throughout the term of this Agreement, including after giving effect to any transfers permitted pursuant to the Loan Documents, (i) none of the funds or Properties assets of the Borrower Borrower, whether or any Subsidiary that are not used to repay the Loans to Loans, shall constitute Property property of, or shall be beneficially owned directly or indirectly byindirectly, by any Person subject to sanctions or trade restrictions under United States law Law (“Embargoed Person” or “Embargoed Persons”) that is are identified on (iA) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC the Office of Foreign Assets Control (“OFAC”), U.S. Department of the Treasury’s FINCEN list, and/or to Borrower’s best knowledge, as of the date thereof, based upon reasonable inquiry by Borrower, on any other similar list maintained by OFAC or FINCEN pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement regulation promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) ), is prohibited by a Governmental RequirementLaw, or the Loans made by Lender would be in violation of a Governmental RequirementLaw, or (iiB) Executive Order 13224 (September 23, 2001) issued by the Executive OrderPresident of the United States, any related enabling legislation or any other similar Executive Orders or Orders, and (bii) any no Embargoed Person to shall have any direct or interest or, to Borrower’s best knowledge, indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryBorrower, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) ), is prohibited by a Governmental Requirement Law or the Loans are any Loan is in violation of a Governmental RequirementLaw.

Appears in 3 contracts

Samples: Credit Agreement (BioPharmX Corp), Credit Agreement (Cancer Genetics, Inc), Credit Agreement

Embargoed Person. The Borrower shall notNo Loan Party will, and shall not no Loan Party will permit any Subsidiary of its Restricted Subsidiaries to, permit (a) any of the funds or Properties properties of the Borrower any Loan Party or any Restricted Subsidiary that are used to repay the Loans to constitute Property property of, or be beneficially owned directly or indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement Regulation promulgated thereunder, with the result that the investment in the Borrower any Loan Party or any Restricted Subsidiary (whether directly or indirectly) is prohibited by a Governmental RequirementRegulation, or the Loans would be in violation of a Governmental RequirementRegulation, or (ii) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower any Loan Party or any SubsidiaryRestricted Subsidiary (other than with respect to publicly traded partnership interests in the MLP), with the result that the investment in the Borrower any Loan Party or any Restricted Subsidiary (whether directly or indirectly) is prohibited by a Governmental Requirement Regulation or the Loans are in violation of a Governmental RequirementRegulation.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Arc Logistics Partners LP), Revolving Credit Agreement (Arc Logistics Partners LP), Revolving Credit Agreement (Arc Logistics Partners LP)

Embargoed Person. The Borrower QRE MLP shall not, and shall not permit any Subsidiary of its Subsidiaries to, permit (a) any of the funds or Properties of the Borrower QRE MLP or any Subsidiary of its Subsidiaries that are used to repay the Loans to constitute Property of, or be beneficially owned directly or indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement Regulation promulgated thereunder, with the result that the investment in the Borrower QRE MLP or any Subsidiary of its Subsidiaries (whether directly or indirectly) is prohibited by a Governmental RequirementRegulation, or the Loans would be in violation of a Governmental RequirementRegulation, or (ii) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower QRE MLP or any Subsidiaryof its Subsidiaries, with the result that the investment in the Borrower QRE MLP or any Subsidiary of its Subsidiaries (whether directly or indirectly) is prohibited by a Governmental Requirement Regulation or the Loans are in violation of a Governmental RequirementRegulation.

Appears in 2 contracts

Samples: Credit Agreement (QR Energy, LP), Credit Agreement (QR Energy, LP)

Embargoed Person. The Borrower No Loan Party shall, nor shall not, and shall not it permit any Subsidiary of its Subsidiaries to, knowingly cause or permit (a) any of the funds or Properties properties of the Borrower or any Subsidiary Loan Parties that are used to repay the Loans to constitute Property property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement of Law promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary Loan Parties (whether directly or indirectly) is prohibited by a Governmental RequirementRequirement of Law, or the Loans made by the Lenders would be in violation of a Governmental RequirementRequirement of Law, or (ii) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryLoan Parties, with the result that the investment in the Borrower or any Subsidiary Loan Parties (whether directly or indirectly) is prohibited by a Governmental Requirement of Law or the Loans are in violation of a Governmental RequirementRequirement of Law.

Appears in 2 contracts

Samples: Credit Agreement (HealthSpring, Inc.), Credit Agreement (HealthSpring, Inc.)

Embargoed Person. The Borrower shall notCause or permit, and shall not or cause or permit any Subsidiary of its Subsidiaries to, permit (a) any of the funds or Properties of the Borrower or any Subsidiary properties thereof that are used to repay pay amounts owing by the Loans Borrower under the Loan Documents to constitute Property property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i1) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement any applicable law, rule or regulation promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental Requirementany applicable law, rule or regulation, or the Loans making of any Loan would be in violation of a Governmental Requirementany applicable law, rule or regulation, or (ii2) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any SubsidiarySubsidiary thereof, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental Requirement any applicable law, rule or the Loans are regulation or any Loan, or participation therein, is in violation of a Governmental Requirementany applicable law, rule or regulation.

Appears in 2 contracts

Samples: Credit Agreement (KOHLS Corp), Assignment and Assumption Agreement (Kohls Corporation)

Embargoed Person. The Borrower shall not, and shall not permit any Subsidiary to, Cause or knowingly permit (a) any of the funds or Properties properties of the Borrower Bermuda Holdings or any Subsidiary of its Subsidiaries that are used to repay the Loans to constitute Property property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by OFAC and/or on any other similar list (“Other List”) maintained by OFAC pursuant to any authorizing statute including, but not limited to, including the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement regulation promulgated thereunder, with the result that the investment in the Borrower Bermuda Holdings or any Subsidiary of its Subsidiaries (whether directly or indirectly) is prohibited by a Governmental Requirementapplicable Requirements of Law, or the Loans made by the Lenders and the Issuing Lender would be in violation of a Governmental RequirementRequirements of Law, or (ii2) the Executive Order, any related enabling legislation or any other similar Executive Orders executive orders, or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower Bermuda Holdings or any Subsidiaryof its Subsidiaries, with the result that the investment in the Borrower Bermuda Holdings or any Subsidiary of its Subsidiaries (whether directly or indirectly) is prohibited by a Governmental Requirement applicable Requirements of Law or the Loans are in violation of a Governmental Requirementapplicable Requirements of Law.

Appears in 2 contracts

Samples: Intercreditor Agreement (Stratus Technologies Bermuda Holdings Ltd.), Revolving Credit Agreement (Stratus Technologies Bermuda Holdings Ltd.)

Embargoed Person. The Borrower shall not, and shall not permit any Subsidiary to, Cause or permit (a) any of the funds or Properties properties of the Borrower or any Subsidiary Loan Parties that are used to repay the Loans or other Borrowings to constitute Property property of, or be beneficially owned directly or indirectly by, any Person subject to sanctions or trade restrictions under United States law or Canadian Law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i1) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC or any other Governmental Authority and/or on any other similar list (“Other List”) maintained by OFAC or any other Governmental Authority pursuant to any authorizing statute including, but not limited to, including the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement other applicable Anti-Terrorism Laws, or regulation promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary Loan Parties (whether directly or indirectly) is prohibited by a Governmental Requirementapplicable Requirements of Law, or the Loans or other Borrowings made by the Lenders would be in violation of a Governmental Requirementany Requirements of Law, or (ii2) the Executive Order, any related enabling legislation or any other similar Executive Orders executive orders, or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryLoan Parties, with the result that the investment in the Borrower or any Subsidiary Loan Parties (whether directly or indirectly) is prohibited by a Governmental Requirement applicable Requirements of Law or the Loans Borrowings are in violation of a Governmental Requirementapplicable Requirements of Law.

Appears in 2 contracts

Samples: Credit Agreement (Paperweight Development Corp), Credit Agreement (Paperweight Development Corp)

Embargoed Person. The Borrower shall not, and shall not permit any Restricted Subsidiary to, cause or permit (a) any of the funds or Properties properties of the Borrower or any Subsidiary that are used to repay the Loans to constitute Property property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i1) the “List of Specially Designated Nationals and Blocked Personspersons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement of Law promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental RequirementRequirement of Law, or the Loans made by the Lenders would be in violation of a Governmental RequirementRequirement of Law, or (ii2) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryBorrower, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental Requirement of Law or the Loans are in violation of a Governmental RequirementRequirement of Law.

Appears in 2 contracts

Samples: Loan Agreement (Mattress Firm Holding Corp.), Loan Agreement (Mattress Firm Holding Corp.)

Embargoed Person. The Borrower shall not, and shall not permit any Subsidiary to, permit (a) any of the funds or Properties properties of the Borrower or any Subsidiary that are used to repay the Loans to constitute Property property of, or be beneficially owned directly or indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement Regulation promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental RequirementRegulation, or the Loans would be in violation of a Governmental RequirementRegulation, or (ii) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any Subsidiary, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental Requirement Regulation or the Loans are in violation of a Governmental RequirementRegulation.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Magnum Hunter Resources Corp), First Lien Credit Agreement (Magnum Hunter Resources Corp)

Embargoed Person. The Borrower shall not, and shall not permit any Subsidiary to, Cause or permit (a) any of the funds or Properties properties of the Borrower or any Subsidiary Loan Parties that are used to repay the Loans or any reimbursement hereunder to constitute Property property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by OFAC and/or on any other similar list (“Other List”) maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order (defined below) or Governmental Requirement regulation promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary Loan Parties (whether directly or indirectly) is prohibited by a Governmental Requirementlaw, or the Loans made by the Lenders would be in violation of a Governmental Requirementlaw, or (ii2) the Executive Order, any related enabling legislation or any other similar orders (collectively, “Executive Orders Orders”), or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryU.S. Domiciled Loan Parties, with the result that the investment in the Borrower or any Subsidiary U.S. Domiciled Loan Parties (whether directly or indirectly) is prohibited by a Governmental Requirement law or the Loans are in violation of a Governmental Requirementlaw.

Appears in 2 contracts

Samples: Credit Agreement (Clean Harbors Inc), Credit Agreement (Clean Harbors Inc)

Embargoed Person. The Borrower shall notAt all times throughout the term of the Loans, and shall not permit any Subsidiary to, permit (a) any none of the funds or Properties assets of the Borrower or any Subsidiary Loan Parties that are used to repay the Loans to shall constitute Property property of, or shall be beneficially owned directly or or, to the knowledge of each of the Parent Guarantor and the Borrower, indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by OFAC the Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury, and/or to the knowledge of each of the Parent Guarantor and the Borrower, as of the date thereof, based upon reasonable inquiry by the Parent Guarantor and the Borrower, on any other similar list (“Other List”) maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement regulation promulgated thereunder, with the result that the investment in any of the Borrower or any Subsidiary Loan Parties (whether directly or indirectly) is prohibited by a Governmental Requirementlaw, or the Loans made by the Lenders hereunder would be in violation of a Governmental Requirementlaw, or (ii2) the Executive Order, any related enabling legislation or any other similar Executive Orders or (collectively, “Executive Orders”), and (b) any no Embargoed Person to shall have any direct or interest, and to the knowledge of each of the Parent Guarantor and the Borrower, as of the Original Effective Date, based upon reasonable inquiry by the Parent Guarantor and the Borrower, indirect interest, of any nature whatsoever in any of the Borrower or any SubsidiaryLoan Parties, with the result that the investment in any of the Borrower or any Subsidiary Loan Parties (whether directly or indirectly) is prohibited by a Governmental Requirement law or the Loans are in violation of a Governmental Requirementlaw.

Appears in 2 contracts

Samples: Credit Agreement (Spirit AeroSystems Holdings, Inc.), Credit Agreement (Spirit AeroSystems Holdings, Inc.)

Embargoed Person. The Borrower shall not, It will not and shall will not permit any Subsidiary to, of its Restricted Subsidiaries to cause or permit (a) any of the funds or Properties properties of the Borrower or any Subsidiary Parties that are used to repay the Loans to constitute Property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement of Law promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary Parties (whether directly or indirectly) is prohibited by a Governmental RequirementRequirement of Law, or the Loans made by the Lenders would be in violation of a Governmental Requirement, Requirement of Law or (ii) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) to the knowledge of the Borrower, any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryParties, with the result that the investment in the Borrower or any Subsidiary Parties (whether directly or indirectly) is prohibited by a Governmental Requirement law or the Loans are in violation of a Governmental Requirementany law.

Appears in 1 contract

Samples: Credit Agreement (Genesis Energy Lp)

Embargoed Person. The Borrower shall not, It will not and shall will not permit any Subsidiary to, of its subsidiaries or Joint Ventures to cause or permit (accc) any of the funds or Properties properties of the Borrower or any Subsidiary Parties that are used to repay the Loans to constitute Property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i1) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement of Law promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary Parties (whether directly or indirectly) is prohibited by a Governmental RequirementRequirement of Law, or the Loans made by the Lenders would be in violation of a Governmental Requirement, Requirement of Law or (ii2) the Executive Order, any related enabling legislation or any other similar Executive Orders or (bddd) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryParties, with the result that the investment in the Borrower or any Subsidiary Parties (whether directly or indirectly) is prohibited by a Governmental Requirement law or the Loans are in violation of any law, except, with respect to actions of any Unrestricted Subsidiary or Joint Venture, as could not, individually or in the aggregate, reasonably be expected to have a Governmental RequirementMaterial Adverse Effect or otherwise adversely affect the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Genesis Energy Lp)

Embargoed Person. The Neither the Borrower nor any Consolidated Subsidiary shall not, and shall not permit any Subsidiary to, cause or permit (a) any of the funds or Properties properties of the Borrower or any Subsidiary that are used to repay the Loans to constitute Property property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i1) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement of Law promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental RequirementRequirement of Law, or the Loans made by the Lenders would be in violation of a Governmental RequirementRequirement of Law, or (ii2) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryBorrower, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental Requirement of Law or the Loans are in violation of a Governmental RequirementRequirement of Law.

Appears in 1 contract

Samples: Day Credit Agreement (Illinois Tool Works Inc)

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Embargoed Person. The Neither the Borrower nor the Guarantor shall not, and shall not permit any Subsidiary to, cause or permit (a) any of the funds or Properties properties of the Borrower or any Subsidiary such Person and its Subsidiaries that are used to repay the Loans Advances to constitute Property property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law ("Embargoed Person" or "Embargoed Persons") that is identified on (i1) the "List of Specially Designated Nationals and Blocked Persons" maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement of Law promulgated thereunder, with the result that the investment in the Borrower Borrower, the Guarantor or any Subsidiary their respective Subsidiaries (whether directly or indirectly) is prohibited by a Governmental RequirementRequirement of Law, or the Loans Advances hereunder would be in violation of a Governmental RequirementRequirement of Law, or (ii2) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower Borrower, the Guarantor or any Subsidiarytheir respective Subsidiaries, with the result that the investment in the Borrower Borrower, the Guarantor or any Subsidiary their respective Subsidiaries (whether directly or indirectly) is prohibited by a Governmental Requirement of Law or the Loans are Investment hereunder is in violation of a Governmental RequirementRequirement of Law.

Appears in 1 contract

Samples: Servicing Agreement (Aegean Marine Petroleum Network Inc.)

Embargoed Person. The Borrower shall not, It will not and shall will not permit any Subsidiary to, of its Restricted Subsidiaries to cause or permit (a) any of the funds or Properties properties of the Borrower or any Subsidiary Parties that are used to repay the Loans to constitute Property of, or be beneficially owned 100 directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement of Law promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary Parties (whether directly or indirectly) is prohibited by a Governmental RequirementRequirement of Law, or the Loans made by the Lenders would be in violation of a Governmental Requirement, Requirement of Law or (ii) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryParties, with the result that the investment in the Borrower or any Subsidiary Parties (whether directly or indirectly) is prohibited by a Governmental Requirement law or the Loans are in violation of a Governmental Requirementany law.

Appears in 1 contract

Samples: Credit Agreement (Genesis Energy Lp)

Embargoed Person. The Borrower shall not, and shall not permit any Subsidiary to, permit (a) At all times throughout the Term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (i) none of the funds or Properties assets of the Borrower Borrower, whether or any Subsidiary that are not used to repay the Loans to Loan, shall constitute Property property of, or shall be beneficially owned directly or, to Borrower’s best knowledge, indirectly, by any person, entity or indirectly by, any Person government subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is are identified on (iA) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or the Office of Foreign Assets Control (“OFAC”), U.S. Department of the Treasury’s FINCEN list, or to Borrower’s best knowledge, as of the date thereof, based upon reasonable inquiry by Borrower, on any other similar list maintained by OFAC or FINCEN pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement regulation promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary Borrower, as applicable (whether directly or indirectly) ), is prohibited by a Governmental Requirementlaw, or the Loans Loan made by Lender would be in violation of a Governmental Requirementlaw, or (iiB) Executive Order 13224 (September 23, 2001) issued by the President of the United States (“Executive OrderOrder Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”), any related enabling legislation or any other similar Executive Orders or Orders, and (bii) any no Embargoed Person to shall have any direct or interest or, to Borrower’s best knowledge, indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryBorrower, with the result that the investment in the Borrower or any Subsidiary Borrower, (whether directly or indirectly) ), is prohibited by a Governmental Requirement law or the Loans are Loan is in violation of a Governmental Requirementlaw.

Appears in 1 contract

Samples: Loan Agreement

Embargoed Person. The Borrower shall notNo Credit Party will, and shall not nor will they cause or permit any Subsidiary Subsidiaries to, cause or permit (a) any of the funds or Properties properties of the Borrower or any Subsidiary Credit Parties that are used to repay the Loans to constitute Property property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i1) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement of Law promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary Credit Parties (whether directly or indirectly) is prohibited by a Governmental RequirementRequirement of Law, or the Loans made by the Banks would be in violation of a Governmental RequirementRequirement of Law, or (ii2) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryCredit Parties, with the result that the investment in the Borrower or any Subsidiary Credit Parties (whether directly or indirectly) is prohibited by a Governmental Requirement of Law or the Loans are in violation of a Governmental RequirementRequirement of Law.

Appears in 1 contract

Samples: Credit Agreement (Coinmach Service Corp)

Embargoed Person. The Borrower shall not, It will not and shall will not permit any Subsidiary to, of its subsidiaries or Joint Ventures to cause or permit (a) any of the funds or Properties properties of the Borrower or any Subsidiary Parties that are used to repay the Loans to constitute Property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement of Law promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary Parties (whether directly or indirectly) is prohibited by a Governmental RequirementRequirement of Law, or the Loans made by the Lenders would be in violation of a Governmental Requirement, Requirement of Law or (ii) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryParties, with the result that the investment in the Borrower or any Subsidiary Parties (whether directly or indirectly) is prohibited by a Governmental Requirement law or the Loans are in violation of any law, except, with respect to actions of any Unrestricted Subsidiary or Joint Venture, as could not, individually or in the aggregate, reasonably be expected to have a Governmental RequirementMaterial Adverse Effect or otherwise adversely affect the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Genesis Energy Lp)

Embargoed Person. The No Borrower shall not, and shall not permit any Subsidiary to, cause or permit (a) any of the funds or Properties properties of the Borrower or any Subsidiary Credit Parties that are used to repay the Loans to constitute Property property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” "EMBARGOED PERSON" or “Embargoed Persons”"EMBARGOED PERSONS") that is identified on (i1) the "List of Specially Designated Nationals and Blocked Persons" (the "SDN LIST") maintained by OFAC and/or on any other similar list ("OTHER LIST") maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ Sections 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement regulation promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary Credit Parties (whether directly or indirectly) is prohibited by a Governmental Requirementlaw, or the Loans made by the Lenders would be in violation of a Governmental Requirementlaw, or (ii2) the Executive Order, any related enabling legislation or any other similar Executive Orders (collectively, "EXECUTIVE ORDERS"), or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryCredit Parties, with the result that the investment in the Borrower or any Subsidiary Credit Parties (whether directly or indirectly) is prohibited by a Governmental Requirement law or the Loans are in violation of a Governmental Requirementlaw.

Appears in 1 contract

Samples: Credit Agreement (Wellman Inc)

Embargoed Person. The No Borrower shall not, and shall not permit any Subsidiary to, cause or permit (aA) any of the funds or Properties properties of the Borrower or any Subsidiary Credit Parties that are used to repay the Loans to constitute Property property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” "EMBARGOED PERSON" or “Embargoed Persons”"EMBARGOED PERSONS") that is identified on (i1) the "List of Specially Designated Nationals and Blocked Persons" (the "SDN LIST") maintained by OFAC and/or on any other similar list ("OTHER LIST") maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ Sections 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement regulation promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary Credit Parties (whether directly or indirectly) is prohibited by a Governmental Requirementlaw, or the Loans made by the Lenders would be in violation of a Governmental Requirementlaw, or (ii2) the Executive Order, any related enabling legislation or any other similar Executive Orders (collectively, "EXECUTIVE ORDERS"), or (bB) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryCredit Parties, with the result that the investment in the Borrower or any Subsidiary Credit Parties (whether directly or indirectly) is prohibited by a Governmental Requirement law or the Loans are in violation of a Governmental Requirementlaw.

Appears in 1 contract

Samples: Credit Agreement (Wellman Inc)

Embargoed Person. The Borrower shall not, and shall not permit any Subsidiary to, permit (a) any of the funds or Properties of the Borrower or any Subsidiary that are used to repay the Loans to constitute Property of, or be beneficially owned directly or indirectly by, any Person subject to sanctions or trade restrictions under United States law ("Embargoed Person" or "Embargoed Persons") that is identified on (i) the "List of Specially Designated Nationals and Blocked Persons" maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ SS 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement Regulation promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental RequirementRegulation, or the Loans would be in violation of a Governmental RequirementRegulation, or (ii) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any Subsidiary, with the result that the investment in the Borrower or any Subsidiary (whether directly or indirectly) is prohibited by a Governmental Requirement Regulation or the Loans are in violation of a Governmental Requirement.Regulation. Events of Default; Remedies

Appears in 1 contract

Samples: Credit Agreement (Westway Group, Inc.)

Embargoed Person. The Borrower No Credit Party shall, nor shall not, and shall not it permit any Subsidiary of its Subsidiaries to, knowingly cause or permit (a) any of the funds or Properties properties of the Borrower or any Subsidiary Credit Parties that are used to repay the Loans to constitute Property property of, or be beneficially owned directly or indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement of Law promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary Credit Parties (whether directly or indirectly) is prohibited by a Governmental RequirementRequirement of Law, or the Loans made by the Lenders would be in violation of a Governmental RequirementRequirement of Law, or (ii) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryCredit Parties, with the result that the investment in the Borrower or any Subsidiary Credit Parties (whether directly or indirectly) is prohibited by a Governmental Requirement of Law or the Loans are in violation of a Governmental RequirementRequirement of Law.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (HealthSpring, Inc.)

Embargoed Person. The Borrower shall not, and shall not permit any Subsidiary to, permit (a) At all times throughout the Term of the Loan, including after giving effect to any Transfers permitted pursuant to the Loan Documents, (i) none of the funds or Properties assets of the Borrower Borrower, whether or any Subsidiary that are not used to repay the Loans to Loan, shall constitute Property property of, or shall be beneficially owned directly or, to Borrower’s best knowledge, indirectly, by any person, entity or indirectly by, any Person government subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is are identified on (iA) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or the Office of Foreign Assets Control (“OFAC”), U.S. Department of the Treasury’s FINCEN list, or to Borrower’s best knowledge, as of the date thereof, based upon reasonable inquiry by Borrower, on any other similar list maintained by OFAC or FINCEN pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement regulation promulgated thereunder, with the result that the investment in the Borrower or any Subsidiary Borrower, as applicable (whether directly or indirectly) ), is prohibited by a Governmental Requirementlaw, or the Loans Loan made by Xxxxxx would be in violation of a Governmental Requirementlaw, or (iiB) Executive Order 13224 (September 23, 2001) issued by the President of the United States (“Executive OrderOrder Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”), any related enabling legislation or any other similar Executive Orders or Orders, and (bii) any no Embargoed Person to shall have any direct or interest or, to Borrower’s best knowledge, indirect interest, of any nature whatsoever in the Borrower or any SubsidiaryBorrower, with the result that the investment in the Borrower or any Subsidiary Borrower, (whether directly or indirectly) ), is prohibited by a Governmental Requirement law or the Loans are Loan is in violation of a Governmental Requirementlaw.

Appears in 1 contract

Samples: Loan Agreement

Embargoed Person. The Borrower shall Holdings will not, and shall will not permit any Subsidiary of its Subsidiaries to, cause or permit (a) any of the funds or Properties properties of the Borrower Holdings or any Subsidiary of its Subsidiaries that are used to repay the Loans to constitute Property property of, or be beneficially owned directly or indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (i1) the “List of Specially Designated Nationals and Blocked Persons” maintained by OFAC and/or on any other similar list maintained by OFAC pursuant to any authorizing statute including, but not limited to, the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or Governmental Requirement any applicable law promulgated thereunder, with the result that the investment in the Borrower Holdings or any Subsidiary of its Subsidiaries (whether directly or indirectly) is prohibited by a Governmental Requirementany applicable law, or the Loans made by the Lenders would be in violation of a Governmental Requirementany applicable law, or (ii2) the Executive Order, any related enabling legislation or any other similar Executive Orders or (b) any Embargoed Person to have any direct or indirect interest, of any nature whatsoever in the Borrower Holdings or any Subsidiaryof its Subsidiaries, with the result that the investment in the Borrower Holdings or any Subsidiary of its Subsidiaries (whether directly or indirectly) is prohibited by a Governmental Requirement any applicable law or the Loans are in violation of a Governmental Requirementany applicable law.

Appears in 1 contract

Samples: Security Agreement (CURO Group Holdings Corp.)

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