Common use of Embargoed Person Clause in Contracts

Embargoed Person. At all times throughout the term of the Loans, (a) none of the funds or assets of Borrower that are used to repay the Loans shall constitute property of, or shall be beneficially owned directly or, to the knowledge of Borrower, indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by the Office of Foreign Assets Control (“OFAC”), U.S. Department of the Treasury, and/or to the knowledge of Borrower, as of the date thereof, based upon reasonable inquiry by 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 regulation promulgated thereunder, with the result that the investment in Borrower (whether directly or indirectly), is prohibited by law, or the Loans made by the Syndication Parties would be in violation of law, or (2) the Executive Order, any related enabling legislation or any other similar Executive Orders, and (b) no Embargoed Person shall have any direct interest, and to the knowledge of Borrower, as of the date hereof, based upon reasonable inquiry by Borrower, indirect interest, of any nature whatsoever in Borrower, with the result that the investment in Borrower (whether directly or indirectly), is prohibited by law or the Loans are in violation of law.

Appears in 8 contracts

Samples: Credit Agreement (CHS Inc), Credit Agreement (CHS Inc), Credit Agreement (CHS Inc)

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Embargoed Person. At all times throughout the term of the Loans, (a) none of the funds or assets of Borrower that are used to repay the Loans shall constitute property of, or shall be beneficially owned directly or, to the knowledge of Borrower, indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by the Office of Foreign Assets Control (“OFAC”), U.S. Department of the Treasury, and/or to the knowledge of Borrower, as of the date thereof, based upon reasonable inquiry by 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 regulation promulgated thereunder, with the result that the investment in Borrower (whether directly or indirectly), is prohibited by law, or the Loans made by the Syndication Parties would be in violation of law, or (2) the Executive Order, any related enabling legislation or any other similar Executive Orders, and (b) no Embargoed Person shall have any direct interest, and to the knowledge of Borrower, as of the date hereof, based upon reasonable inquiry by Borrower, indirect interest, of any nature whatsoever in Borrower, with the result that the investment in Borrower (whether directly or indirectly), is prohibited by law or the Loans are in violation of law.

Appears in 6 contracts

Samples: Credit Agreement (CHS Inc), Credit Agreement (CHS Inc), Credit Agreement (CHS Inc)

Embargoed Person. At all times throughout the term terms of the Loans, (a) none of the funds or assets of Borrower the Loan Parties that are used to repay the Loans shall constitute property of, or shall be beneficially owned directly or, to the knowledge of 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 (1i) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by the Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury, and/or to the knowledge of the Borrower, as of the date thereof, based upon reasonable inquiry by Borrower, on or 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 regulation promulgated thereunder, with the result that the investment in Borrower any of the Loan Parties (whether directly or indirectly), ) is prohibited by law, or the Loans made by the Syndication Parties Lenders hereunder would be in violation of law, or (2ii) the Executive Order, any related enabling legislation or any other similar Executive Orders (collectively, “Executive Orders”), and (b) no Embargoed Person shall have any direct interest, and to the knowledge of the Borrower, as of the date hereof, based upon reasonable inquiry by BorrowerClosing Date, indirect interest, of any nature whatsoever in Borrowerany of the Loan Parties, with the result that the investment in Borrower any of the Loan Parties (whether directly or indirectly), ) is prohibited by law or the Loans are in violation of law.

Appears in 2 contracts

Samples: Credit Agreement (RE/MAX Holdings, Inc.), Credit Agreement (RE/MAX Holdings, Inc.)

Embargoed Person. At all times throughout the term of the Loans, (a) none of the funds or assets of Borrower the Loan Parties that are used to repay the Loans shall constitute property of, or shall be beneficially owned directly or, to the knowledge of Borrowerany Loan Party, indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by the Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury, and/or to the knowledge of Borrowerany Loan Party, as of the date thereof, based upon reasonable inquiry by Borrowersuch Loan Party, 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 regulation promulgated thereunder, with the result that the investment in Borrower the Loan Parties (whether directly or indirectly), ) is prohibited by law, or the Loans made by the Syndication Parties Lenders would be in violation of law, or (2) the Executive Order, any related enabling legislation or any other similar Executive Orders (collectively, “Executive Orders”), and (b) no Embargoed Person shall have any direct interest, and to the knowledge of Borrowerany Loan Party, as of the date hereof, based upon reasonable inquiry by Borrowerany Loan Party, indirect interest, of any nature whatsoever in Borrowerthe Loan Parties, with the result that the investment in Borrower the Loan Parties (whether directly or indirectly), ) is prohibited by law or the Loans are in violation of law.

Appears in 2 contracts

Samples: Credit Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc)

Embargoed Person. At all times throughout from the date of this Agreement through the term of the LoansFacilities, (a) none of the funds or assets of Borrower the Obligors that are used to repay the Loans Facilities shall constitute property of, or shall be beneficially owned directly or, to the knowledge of Borrowerany Obligor, indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by the Office of Foreign Assets Control (OFAC”), ) of the U.S. Department of the Treasury, and/or to the knowledge of Borrowerany Obligor, as of the date thereofhereof, based upon reasonable inquiry by Borrowersuch Obligor, on any other similar list (“Other List”) maintained by OFAC pursuant to any authorizing authorising 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. USC App. 1 et seq., and any Executive Order or regulation promulgated thereunder, with the result that the investment in Borrower the Obligors (whether directly or indirectly), is prohibited by law, or the Loans Facilities made by the Syndication Parties Lenders would be in violation of law, or (2) the Executive Order, any related enabling legislation or any other similar Executive Orders, and (b) no Embargoed Person shall have any direct interestinterests, and to the knowledge of Borrowerany Obligor, as of the date hereof, based upon reasonable inquiry by Borrowerany Obligor, indirect interest, interest of any nature whatsoever in Borrowerthe Obligors, with the result that the investment in Borrower the Obligors (whether directly or indirectly), is prohibited by law or the Loans Facilities are in violation of law.

Appears in 1 contract

Samples: Facility Agreement (Innospec Inc.)

Embargoed Person. At all times throughout from the Restatement Date through the term of the LoansFacilities, (a) none of the funds or assets of Borrower the Obligors that are used to repay the Loans Facilities shall constitute property of, or shall be beneficially owned directly or, to the knowledge of Borrowerany Obligor, indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by the Office of Foreign Assets Control (OFAC”), ) of the U.S. Department of the Treasury, and/or to the knowledge of Borrowerany Obligor, as of the date thereofhereof, based upon reasonable inquiry by Borrowersuch Obligor, on any other similar list (“Other List”) maintained by OFAC pursuant to any authorizing authorising 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. USC App. 1 et seq., and any Executive Order or regulation promulgated thereunder, with the result that the investment in Borrower the Obligors (whether directly or indirectly), is prohibited by law, or the Loans Facilities made by the Syndication Parties Lenders would be in violation of law, or (2) the Executive Order, any related enabling legislation or any other similar Executive Orders, and (b) no Embargoed Person shall have any direct interestinterests, and to the knowledge of Borrowerany Obligor, as of the date hereof, based upon reasonable inquiry by Borrowerany Obligor, indirect interest, interest of any nature whatsoever in Borrowerthe Obligors, with the result that the investment in Borrower the Obligors (whether directly or indirectly), is prohibited by law or the Loans Facilities are in violation of law.

Appears in 1 contract

Samples: Facility Agreement (Octel Corp)

Embargoed Person. At all times throughout from the Restatement Date through the term of the LoansFacilities, (a) none of the funds or assets of Borrower the Obligors that are used to repay the Loans Facilities shall constitute property of, or shall be beneficially owned directly or, to the knowledge of Borrowerany Obligor, indirectly by, any Person person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by the Office of Foreign Assets Control (OFAC”), ) of the U.S. Department of the Treasury, and/or to the knowledge of Borrowerany Obligor, as of the date thereofhereof, based upon reasonable inquiry by Borrowersuch Obligor, on any other similar list (“Other List”) maintained by OFAC pursuant to any authorizing authorising 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. USC App. 1 et seq., and any Executive Order or regulation promulgated thereunder, with the result that the investment in Borrower the Obligors (whether directly or indirectly), is prohibited by law, or the Loans Facilities made by the Syndication Parties Lenders would be in violation of law, or (2) the Executive Order, any related enabling legislation or any other similar Executive Orders, and (b) no Embargoed Person shall have any direct interestinterests, and to the knowledge of Borrowerany Obligor, as of the date hereof, based upon reasonable inquiry by Borrowerany Obligor, indirect interest, interest of any nature whatsoever in Borrowerthe Obligors, with the result that the investment in Borrower the Obligors (whether directly or indirectly), is prohibited by law or the Loans Facilities are in violation of law.. Table of Contents

Appears in 1 contract

Samples: Facility Agreement (Octel Corp)

Embargoed Person. At all times throughout the term of the Loans, (a) none of the funds or assets of Borrower the Loan Parties that are used to repay the Loans shall constitute property of, or shall be beneficially owned directly or, to the knowledge of Borrowerany Loan Party, indirectly by, any Person subject to sanctions or trade restrictions under United States law ("Embargoed Person" or "Embargoed Persons") that is identified on (1) the "List of Specially Designated Nationals and Blocked Persons" (the "SDN List") maintained by the Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury, and/or to the knowledge of Borrowerany Loan Party, as of the date thereof, based upon reasonable inquiry by Borrowersuch Loan Party, 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. §§ SectionSection 1701 et seq., The Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., and any Executive Order or regulation promulgated thereunder, with the result that the investment in Borrower the Loan Parties (whether directly or indirectly), ) is prohibited by law, or the Loans made by the Syndication Parties Lenders would be in violation of law, or (2) the Executive Order, any related enabling legislation or any other similar Executive Orders (collectively, "Executive Orders"), and (b) no Embargoed Person shall have any direct interest, and to the knowledge of Borrowerany Loan Party, as of the date hereofEffective Date, based upon reasonable inquiry by Borrowerany Loan Party, indirect interest, of any nature whatsoever in Borrowerthe Loan Parties, with the result that the investment in Borrower the Loan Parties (whether directly or indirectly), ) is prohibited by law or the Loans are in violation of law.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Communications Texas Holdings, Inc.)

Embargoed Person. At all times throughout the term of the Loans, (a) none of the funds or assets of Borrower the Loan Parties that are used to repay the Loans shall constitute property of, or shall be beneficially owned directly or, to the knowledge of Borrowerany Loan Party, indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by the Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury, and/or to the knowledge of Borrowerany Loan Party, as of the date thereof, based upon reasonable inquiry by Borrowersuch Loan Party, 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 regulation promulgated thereunder, with the result that the investment in Borrower the Loan Parties (whether directly or indirectly), is prohibited by law, or the Loans made by the Syndication Parties Lenders would be in violation of law, or (2) the Executive Order, any related enabling legislation or any other similar Executive Orders (collectively, “Executive Orders”), and (b) no Embargoed Person shall have any direct interest, and to the knowledge of Borrowerany Loan Party, as of the date hereofEffective Date, based upon reasonable inquiry by Borrowerany Loan Party, indirect interest, of any nature whatsoever in Borrowerthe Loan Parties, with the result that the investment in Borrower the Loan Parties (whether directly or indirectly), is prohibited by law or the Loans are in violation of law.

Appears in 1 contract

Samples: Credit Agreement (Crown Holdings Inc)

Embargoed Person. At all times throughout the term of the Loans, (a) none of the funds or assets of Borrower the Loan Parties that are used to repay the Loans shall constitute property of, or shall be beneficially owned directly or, to the knowledge of Borrowerany Loan Party, indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by the Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury, and/or to the knowledge of Borrowerany Loan Party, as of the date thereof, based upon reasonable inquiry by Borrowersuch Loan Party, 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 regulation promulgated thereunder, with the result that the investment in Borrower the Loan Parties (whether directly or indirectly), ) is prohibited by law, or the Loans made by the Syndication Parties Lenders would be in violation of law, or (2) the Executive Order, any related enabling legislation or any other similar Executive Orders (collectively, “Executive Orders”), and (b) no Embargoed Person shall have any direct interest, and to the knowledge of Borrowerany Loan Party, as of the date hereofEffective Date, based upon reasonable inquiry by Borrowerany Loan Party, indirect interest, of any nature whatsoever in Borrowerthe Loan Parties, with the result that the investment in Borrower the Loan Parties (whether directly or indirectly), ) is prohibited by law or the Loans are in violation of law.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Communications Illinois Holdings, Inc.)

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Embargoed Person. At all times throughout the term of the Loansthis Agreement, (ai) none of the funds or assets of Borrower the Seller that are used to repay Capital, Yield and other amounts owed by the Loans Seller hereunder shall constitute property of, or shall be beneficially owned directly or, to the knowledge of Borrowerthe Seller, indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by the Office of Foreign Assets Control (OFAC), U.S. US Department of the Treasury, and/or to the knowledge of Borrowerthe Seller, as of the date thereof, based upon reasonable inquiry by Borrowerthe Seller, 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 regulation promulgated thereunder, with the result that the investment in Borrower the Seller (whether directly or indirectly), is prohibited by law, or the Loans Purchases made by the Syndication Parties Purchasers would be in violation of law, or (2) the Executive Order, any related enabling legislation or any other similar Executive Orders, and (bii) no Embargoed Person shall have any direct interest, and to the knowledge of Borrowerthe Seller, as of the date hereof, based upon reasonable inquiry by Borrowerthe Seller, indirect interest, of any nature whatsoever in Borrowerthe Seller, with the result that the investment in Borrower the Seller (whether directly or indirectly), is prohibited by law or the Loans any Purchases made hereunder are in violation of law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Crown Holdings Inc)

Embargoed Person. At all times throughout the term of the LoansAdvances, (a) none of the funds or assets of Borrower any Obligor that are used to repay the Loans Advances shall constitute property of, or shall be beneficially owned directly or, to the knowledge of Borrowerany Obligor, indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by the Office of Foreign Assets Control (“OFAC”), U.S. Department of the Treasury, and/or to the knowledge of Borrowerany Obligor, as of the date thereof, based upon reasonable inquiry by Borrowersuch Obligor, 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 regulation promulgated thereunder, with the result that the investment in Borrower the Obligors (whether directly or indirectly), is prohibited by law, or the Loans Advances made by the Syndication Parties would be in violation of law, or (2) the Executive Order, any related enabling legislation or any other similar Executive Orders, and (b) no Embargoed Person shall have any direct interest, and to the knowledge of Borrower, as of the date hereofeach Obligor, based upon reasonable inquiry by Borrowersuch Obligor, indirect interest, of any nature whatsoever in Borrowerany Obligor, with the result that the investment in Borrower the Obligors (whether directly or indirectly), is prohibited by law or the Loans Advances are in violation of law.

Appears in 1 contract

Samples: Credit Agreement (CHS Inc)

Embargoed Person. At all times throughout the term of the Loans, (a) none of the funds or assets of Borrower the Loan Parties that are used to repay the Loans shall constitute property of, or shall be beneficially owned directly or, to the knowledge of Borrowerany Loan Party, indirectly by, any Person subject to sanctions or trade restrictions under United States law ("Embargoed Person" or "Embargoed Persons") that is identified on (1) the "List of Specially Designated Nationals and Blocked Persons" (the "SDN List") maintained by the Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury, and/or to the knowledge of Borrowerany Loan Party, as of the date thereof, based upon reasonable inquiry by Borrowersuch Loan Party, 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 regulation promulgated thereunder, with the result that the investment in Borrower the Loan Parties (whether directly or indirectly), ) is prohibited by law, or the Loans made by the Syndication Parties Lenders would be in violation of law, or (2) the Executive Order, any related enabling legislation or any other similar Executive Orders (collectively, "Executive Orders"), and (b) no Embargoed Person shall have any direct interest, and to the knowledge of Borrowerany Loan Party, as of the date hereof, based upon reasonable inquiry by Borrowerany Loan Party, indirect interest, of any nature whatsoever in Borrowerthe Loan Parties, with the result that the investment in Borrower the Loan Parties (whether directly or indirectly), ) is prohibited by law or the Loans are in violation of law.

Appears in 1 contract

Samples: Credit Agreement (Quintiles Transnational Corp)

Embargoed Person. At all times throughout the term of the LoansAdvances, (a) none of the funds or assets of Borrower any Obligor that are used to repay the Loans Advances shall constitute property of, or shall be beneficially owned directly or, to the knowledge of Borrowerany Obligor, indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by the Office of Foreign Assets Control (“OFAC”), U.S. Department of the Treasury, and/or to the knowledge of Borrowerany Obligor, as of the date thereof, based upon reasonable inquiry by Borrowersuch Obligor, 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 regulation promulgated thereunder, with the result that the investment in Borrower the Obligors (whether directly or indirectly), is prohibited by law, or the Loans Advances made by the Syndication Parties would be in violation of law, or (2) the Executive Order, any related enabling legislation or any other similar Executive Orders, and (b) no Embargoed Person shall have any direct interest, and to the knowledge of Borrower, as of the date hereofeach Obligor, based upon reasonable inquiry by Borrowersuch Obligor, indirect interest, of any nature whatsoever in Borrowerany Obligor, with the result that the investment in Borrower the Obligors (whether directly or indirectly), is prohibited by law or the Loans Advances are in violation of law.. 11.16

Appears in 1 contract

Samples: Credit Agreement

Embargoed Person. At all times throughout the term of the Loansthis Agreement, (ai) none of the funds or assets of Borrower the Seller that are used to repay Capital, Yield and other amounts owed by the Loans Seller hereunder shall constitute property of, or shall be beneficially owned directly or, to the knowledge of Borrowerthe Seller, indirectly by, any Person subject to sanctions or trade restrictions under United States law (“Embargoed Person” or “Embargoed Persons”) that is identified on (1) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by the Office of Foreign Assets Control (OFAC), U.S. US Department of the Treasury, and/or to the knowledge of Borrowerthe Seller, as of the date thereof, based upon reasonable inquiry by Borrowerthe Seller, 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 regulation promulgated thereunder, with the result that the investment in Borrower the Seller (whether directly or indirectly), is prohibited by law, or the Loans Purchases made by the Syndication Parties Purchasers would be in violation of law, or (2) the Executive Order, any related enabling legislation or any other similar Executive Orders, and (bii) no Embargoed Person shall have any direct interest, and to the knowledge of Borrowerthe Seller, as of the date hereof, based upon reasonable inquiry by Borrowerthe Seller, indirect interest, of any nature whatsoever in Borrowerthe Seller, with the result that the investment in Borrower the Seller (whether directly or indirectly), is prohibited by law or the Loans any Purchases made hereunder are in violation of law.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Crown Holdings Inc)

Embargoed Person. At all times throughout the term terms of the Loans, (a) none of the funds or assets of Borrower the Loan Parties that are used to repay the Loans shall constitute property of, or shall be beneficially owned directly or, to the knowledge of 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 (1i) the “List of Specially Designated Nationals and Blocked Persons” (the “SDN List”) maintained by the Office of Foreign Assets Control (OFAC), U.S. Department of the Treasury, and/or to the knowledge of the Borrower, as of the date thereof, based upon reasonable inquiry by Borrower, on or 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 regulation promulgated thereunder, with the result that the investment in Borrower any of the Loan Parties (whether directly or indirectly), ) is prohibited by law, or the Loans made by the Syndication Parties Lenders hereunder would be in violation of law, or (2ii) the Executive Order, any related enabling legislation or any other similar Executive Orders (collectively, “Executive Orders”), and (b) no Embargoed Person shall have any direct interest, and to the knowledge of the Borrower, as of the date hereof, based upon reasonable inquiry by BorrowerClosing Date, indirect interest, of any nature whatsoever in Borrowerany of the Loan Parties, with the result that the investment in Borrower any of the Loan Parties (whether directly or indirectly), ) is prohibited by law or the Loans are in violation of law.

Appears in 1 contract

Samples: Credit Agreement (RE/MAX Holdings, Inc.)

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