Common use of Export Licenses and Agreements Clause in Contracts

Export Licenses and Agreements. (a) Section 3.28(a) ------------------------------ --------------- of the Company Disclosure Schedule sets forth a true, correct and complete ---------------------------------- list of: (i) each export license, technical assistance agreement, manufacturing license agreement or other form of export approval to which the Company or any of its Subsidiaries is a party or which apply to the Company or any of its Subsidiaries or any of their operations or assets (collectively, "Export Approvals") which is in effect as of the date of this ---------------- Agreement and (ii) each application for an Export Approval for which the Company of any of its Subsidiaries has requested an Export Approval. (i) Except as set forth in Section 3.28(b) of the ---------------------- Company Disclosure ------------------ Schedule, the Company and its Subsidiaries have complied with each Export -------- Approval as required; (ii) the Company and its Subsidiaries have complied with the requirements of any applicable Law pertaining to any Export Approval; (iii) as of the effective date of each Export Approval, all representations and certifications made by the Company and its Subsidiaries with respect to any Export Approval were accurate and the Company and its Subsidiaries have fully complied with all such representations and certifications; and (iv) based on its export activities, including those involving foreign nationals in the United States and abroad, the Company and its Subsidiaries have no knowledge of any violation by them of the Arms Export Control Act, the International Traffic In Arms Regulations, the Export Administration Act, the Export Administration Regulations or any other United States export regulation. (c) Except as set forth in Section 3.28(c) of the Company ------------------------------ Disclosure Schedule: (i) there are no pending audits or investigations of ------------------- the Company or its Subsidiaries or any of their respective officers, employees or representatives and (ii) within the five (5) years prior to the date of this Agreement, there has not been any audit or investigation with respect to any Export Approval directed or requested by any Governmental Authority of the Company or its Subsidiaries or any of their respective officers, employees or representatives resulting in findings materially adverse to the Company. During the five (5) years prior to the date of this Agreement, the Company and its Subsidiaries have not made any voluntary disclosure to any Governmental Authority with respect to any irregularity, misstatement or omission arising under United States trade or transaction controls or otherwise relating to the export activities of the Company and its Subsidiaries.

Export Licenses and Agreements. (a) Section 3.28(a3.32(a) ------------------------------ --------------- of the Company Disclosure Schedule sets forth a true, correct and complete ---------------------------------- list of: (i) each export license, technical assistance agreement, manufacturing license agreement or other form of export approval to which the Company or any of its Subsidiaries Company Subsidiary is a party or which apply to the Company or any of its Subsidiaries Company Subsidiary or any of their operations or assets (collectively, "Export Approvals") which is in effect as of the date of this ---------------- Agreement and (ii) each application for an Export Approval for which the Company of or any of its Subsidiaries Company Subsidiary has requested an Export Approval. (i) Except as set forth in Section 3.28(b) of the ---------------------- Company Disclosure ------------------ Schedule, the The Company and its Subsidiaries have complied with each Export -------- Approval as required; (ii) the Company and its Subsidiaries have complied with the requirements of any applicable Law pertaining to any Export Approval; (iii) as of the effective date of each Export Approval, all representations and certifications made by the Company and its Subsidiaries with respect to any Export Approval were accurate and the Company and its Subsidiaries have fully complied with all such representations and certifications; and (iv) based on its export activities, including those involving foreign nationals in the United States and abroad, the Company and its Subsidiaries have no knowledge Knowledge of any violation by them of the Arms Export Control Act, the International Traffic In Arms Regulations, the Export Administration Act, the Export Administration Regulations or any other United States export regulation. (c) Except as set forth in Section 3.28(c) of the Company ------------------------------ Disclosure Schedule: (i) there There are no pending audits or investigations of ------------------- the Company or its Subsidiaries or any of their respective officers, employees or representatives and (ii) within the five (5) years prior to the date of this Agreement, there has not been any audit or investigation with respect to any Export Approval directed or requested by any Governmental Authority Entity of the Company or its Subsidiaries or any of their respective officers, employees or representatives resulting in findings materially adverse to the Company. During the five (5) years prior to the date of this Agreement, the Company and its Subsidiaries have not made any voluntary disclosure to any Governmental Authority Entity with respect to any irregularity, misstatement or omission arising under United States trade or transaction controls or otherwise relating to the export activities of the Company and its Subsidiaries.

Export Licenses and Agreements. (a) Section 3.28(a3.25(a) ------------------------------ --------------- of the Company Disclosure Schedule Letter sets forth a true, correct and complete ---------------------------------- list of: (i) each export license, technical assistance agreement, manufacturing license agreement or other form of export approval to which the Company or any of its Subsidiaries is a party or which apply to the Company or any of its Subsidiaries or any of their operations or assets (collectively, "Export Approvals") which is in effect as of the date of this ---------------- Agreement and (ii) each application for an Export Approval for which the Company of any of its Subsidiaries has requested an Export Approval. (b) Except when the following matters, individually or in the aggregate, would not reasonably be expected to have a Company Material Adverse Effect: (i) Except as set forth in Section 3.28(b) of the ---------------------- Company Disclosure ------------------ Schedule, the Company and its Subsidiaries have complied with each Export -------- Approval as required; (ii) the Company and its Subsidiaries have complied with the requirements of any applicable Law pertaining to any Export Approval; (iii) as of the effective date of each Export Approval, all representations and certifications made by the Company and its Subsidiaries with respect to any Export Approval were accurate and the Company and its Subsidiaries have fully complied with all such representations and certifications; and (iv) based on its export activities, including those involving foreign nationals in the United States and abroad, the Company and its Subsidiaries have no knowledge of any violation by them of the Arms Export Control Act, the International Traffic In Arms Regulations, the Export Administration Act, the Export Administration Regulations or any other United States export regulation. (c) Except as set forth in Section 3.28(c) To the knowledge of the Company ------------------------------ Disclosure Scheduleand its Subsidiaries: (i) there are no pending audits or investigations of ------------------- the Company or its Subsidiaries or any of their respective officers, employees or representatives and (ii) within the five (5) years prior to the date of this Agreement, there has not been any audit or investigation with respect to any Export Approval directed or requested by any Governmental Authority Entity of the Company or its Subsidiaries or any of their respective officers, employees or representatives resulting in findings materially adverse to the Company. During the five (5) years prior to the date of this Agreement, the Company and its Subsidiaries have not made any voluntary disclosure to any Governmental Authority Entity with respect to any irregularity, misstatement or omission arising under United States trade or transaction controls or otherwise relating to the export activities of the Company and its Subsidiaries.

Export Licenses and Agreements. (a) Section 3.28(a) ------------------------------ --------------- of the Company Disclosure Schedule sets forth a true, correct and complete ---------------------------------- list of: (i) each export license, technical assistance agreement, manufacturing license agreement or other form of export approval to which the Company or any of its Subsidiaries is a party or which apply to the Company or any of its Subsidiaries or any of their operations or assets (collectively, "“Export Approvals"”) which is in effect as of the date of this ---------------- Agreement and (ii) each application for an Export Approval for which the Company of any of its Subsidiaries has requested an Export Approval. (b) (i) Except as set forth in Section 3.28(b) of the ---------------------- Company Disclosure ------------------ Schedule, the Company and its Subsidiaries have complied with each Export -------- Approval as required; (ii) the Company and its Subsidiaries have complied with the requirements of any applicable Law pertaining to any Export Approval; (iii) as of the effective date of each Export Approval, all representations and certifications made by the Company and its Subsidiaries with respect to any Export Approval were accurate and the Company and its Subsidiaries have fully complied with all such representations and certifications; and (iv) based on its export activities, including those involving foreign nationals in the United States and abroad, the Company and its Subsidiaries have no knowledge of any violation by them of the Arms Export Control Act, the International Traffic In Arms Regulations, the Export Administration Act, the Export Administration Regulations or any other United States export regulation. (c) Except as set forth in Section 3.28(c) of the Company ------------------------------ Disclosure Schedule: (i) there are no pending audits or investigations of ------------------- the Company or its Subsidiaries or any of their respective officers, employees or representatives and (ii) within the five (5) years prior to the date of this Agreement, there has not been any audit or investigation with respect to any Export Approval directed or requested by any Governmental Authority of the Company or its Subsidiaries or any of their respective officers, employees or representatives resulting in findings materially adverse to the Company. During the five (5) years prior to the date of this Agreement, the Company and its Subsidiaries have not made any voluntary disclosure to any Governmental Authority with respect to any irregularity, misstatement or omission arising under United States trade or transaction controls or otherwise relating to the export activities of the Company and its Subsidiaries.