Embargoed Persons. At all times throughout the term of the Loan, including after giving effect to any Permitted Equity Transfers, (a) none of the funds or other assets of Borrower, Owner or Guarantors shall constitute property of, or be beneficially owned, directly or indirectly, by any Person subject to trade restrictions under United States law, 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 Orders or regulations promulgated under any such United States laws, with the result that the investment in Borrower, Owner or Guarantors, as applicable (whether directly or indirectly), is or would be prohibited by law or the Loan made by Lender is in violation of law (each, an “Embargoed Person”); (b) no Embargoed Person shall have any interest of any nature whatsoever in Borrower, Owner or Guarantors, as applicable, with the result that the investment in Borrower, Owner or Guarantors, as applicable (whether directly or indirectly), is or would be prohibited by law or the Loan is or would be in violation of law; and (c) none of the funds of Borrower, Owner or Guarantors, as applicable, have been or shall be derived from, or are the proceeds of, any unlawful activity, including money laundering, terrorism or terrorism activities, with the result that the investment in Borrower, Owner or Guarantors, as applicable (whether directly or indirectly), is or would be prohibited by law or the Loan is or would be in violation of law, or may cause the assets to be subject to forfeiture or seizure.
Appears in 5 contracts
Samples: Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc)
Embargoed Persons. At all times throughout the term of the Loan, including after giving effect to any Permitted Equity Transfers, (a) none of the funds or other assets of Borrower, Owner Assignor or Guarantors shall constitute property of, or be beneficially owned, directly or indirectly, by any Person subject to trade restrictions under United States law, 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 Orders or regulations promulgated under any such United States laws, with the result that the investment in Borrower, Owner Assignor or Guarantors, as applicable (whether directly or indirectly), is or would be prohibited by law or the Loan made by Lender is in violation of law (each, an “Embargoed Person”); (b) no Embargoed Person shall have any interest of any nature whatsoever in Borrower, Owner Assignor or Guarantors, as applicable, with the result that the investment in Borrower, Owner Assignor or Guarantors, as applicable (whether directly or indirectly), is or would be prohibited by law or the Loan is or would be in violation of law; and (c) none of the funds of Borrower, Owner Assignor or Guarantors, as applicable, have been or shall be derived from, or are the proceeds of, any unlawful activity, including money laundering, terrorism or terrorism activities, with the result that the investment in Borrower, Owner Assignor or Guarantors, as applicable (whether directly or indirectly), is or would be prohibited by law or the Loan is or would be in violation of law, or may cause the assets to be subject to forfeiture or seizure.
Appears in 2 contracts
Samples: Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc)
Embargoed Persons. At all times throughout the term of the LoanFor as long as any Senior Securities issued hereunder remain issued and outstanding, including after giving effect to any Permitted Equity Transfers, (a) none of the any Seller’s funds or other assets of Borrower, Owner or Guarantors shall constitute property of, or be are beneficially owned, directly or indirectly, by any Person person, entity or government subject to trade restrictions under United States U.S. law, including, 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.. (the “Trading With the Enemy Act”), and any Executive Orders of the foreign assets control regulations of the United States Treasury Department (31 C.F.R., Subtitle B, Chapter V, as amended) (the “Foreign Assets Control Regulations”) or any enabling legislation or regulations promulgated under any such United States lawsthereunder or executive order relating thereto (which for the avoidance of doubt shall include but shall not be limited to
(i) Executive Order No. 13224, effective as of September 24, 2001 and relating to Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)) (the “Executive Order”) and (ii) the USA PATRIOT Act, with the result that the investment in Borrower, Owner or Guarantors, as applicable the Seller (whether directly or indirectly), is or would be prohibited by law or the Loan made by Lender any funds remitted to it hereunder is in violation of law (each, an “Embargoed Person”); (b) no Embargoed Person shall have has any interest of any nature whatsoever in Borrower, Owner or Guarantors, as applicable, it with the result that the investment in Borrower, Owner or Guarantors, as applicable it (whether directly or indirectly), is or would be prohibited by law or the Loan any funds remitted to it hereunder is or would be in violation of law; and (c) none of the its funds of Borrower, Owner or Guarantors, as applicable, have been or shall be derived from, or are the proceeds of, from any unlawful activity, including money laundering, terrorism or terrorism activities, activity with the result that the investment in Borrower, Owner or Guarantors, as applicable it (whether directly or indirectly), is or would be prohibited by law or the Loan any funds remitted to it hereunder is or would be in violation of law; and (d) neither it nor any of its Affiliates (i) is or will become a “blocked person” as described in the Executive Order, the Trading With the Enemy Act or the Foreign Assets Control Regulations or (ii) engages or will engage in any dealings or transactions, or may cause the assets to be subject to forfeiture or seizureotherwise associated, with any such “blocked person.”
Appears in 1 contract
Samples: Master Purchase Agreement