Common use of FCPA Clause in Contracts

FCPA. Neither the Administrator nor, to the knowledge of the Administrator, any director, officer, agent, employee or Affiliate of the Administrator, or other person associated with or acting on behalf of the Administrator is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the FCPA, the Bribery Act or the OECD Convention or any applicable anti-bribery laws, including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Administrator and, to the knowledge of the Administrator, its affiliates, has conducted its business in compliance with the FCPA, the Bribery Act and the OECD Convention and has instituted and maintained policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

Appears in 7 contracts

Samples: Underwriting Agreement (WhiteHorse Finance, Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.)

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FCPA. Neither the Administrator Adviser nor, to the knowledge of the AdministratorAdviser, any director, officer, agent, employee or Affiliate of the AdministratorAdviser, or other person associated with or acting on behalf of the Administrator Adviser is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the FCPA, the Bribery Act or the OECD Convention or any other applicable anti-bribery laws, including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Administrator Adviser and, to the knowledge of the AdministratorAdviser, its affiliates, has conducted its business in compliance with the FCPA, the Bribery Act and the OECD Convention and has instituted and maintained policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

Appears in 6 contracts

Samples: Underwriting Agreement (CION Investment Corp), Underwriting Agreement (WhiteHorse Finance, Inc.), Underwriting Agreement (WhiteHorse Finance, Inc.)

FCPA. Neither the Administrator Company nor, to the knowledge of the AdministratorCompany, any director, officer, agent, employee or Affiliate Subsidiary of the Administrator, or other person associated with or acting on behalf of the Administrator Company is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the U.S. Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder (the “FCPA, the Bribery Act or the OECD Convention or any applicable anti-bribery laws”), including, without limitation, making use of the mails or any means or instrumentality of U.S. interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Administrator and, to ; and the knowledge of the Administrator, Company and its affiliates, has Subsidiaries have conducted its business their businesses in compliance with the FCPA, the Bribery Act FCPA and the OECD Convention and has have instituted and maintained maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

Appears in 3 contracts

Samples: Purchase Agreement (Landrys Restaurants Inc), Purchase Agreement (Landrys Restaurants Inc), Purchase Agreement (Landrys Restaurants Inc)

FCPA. Neither the Administrator Company nor any of its subsidiaries nor, to the knowledge of the AdministratorCompany, any director, officer, agent, agent or employee or Affiliate of the Administrator, Company or other person associated with or acting on behalf any of the Administrator its subsidiaries is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder (the “FCPA, the Bribery Act or the OECD Convention or any applicable anti-bribery laws”), including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Administrator and, to ; and the knowledge of the Administrator, Company and its affiliates, has subsidiaries have conducted its business their businesses in compliance with the FCPA, the Bribery Act FCPA and the OECD Convention and has have instituted and maintained maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

Appears in 2 contracts

Samples: At the Market Issuance Sales Agreement (Cedar Realty Trust, Inc.), Underwriting Agreement (Cedar Realty Trust, Inc.)

FCPA. Neither the Administrator Company nor any of its subsidiaries nor, to the knowledge of the AdministratorCompany or the Operating Partnership, any director, officer, agent, agent or employee or Affiliate of the Administrator, Company or other person associated with or acting on behalf any of the Administrator its subsidiaries is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder (the “FCPA, the Bribery Act or the OECD Convention or any applicable anti-bribery laws”), including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Administrator and, to ; and the knowledge of the Administrator, Company and its affiliates, has subsidiaries have conducted its business their businesses in compliance with the FCPA, the Bribery Act FCPA and the OECD Convention and has have instituted and maintained maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Cedar Shopping Centers Inc), Securities Purchase Agreement (Cedar Shopping Centers Inc)

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FCPA. Neither None of the Administrator norSelling Shareholder, any of its subsidiaries or, to the knowledge of the AdministratorSelling Shareholder, any director, officer, agent, employee or Affiliate of the Administratoremployee, affiliate or other person associated with or acting on behalf of the Administrator Selling Shareholder or any of its subsidiaries is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the FCPA, the Bribery Act or the OECD Convention or any applicable anti-bribery laws, including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Administrator FCPA and the Selling Shareholder and, to the knowledge of the AdministratorSelling Shareholder, its affiliates, has affiliates have conducted its business their businesses in compliance with the FCPA, FCPA to the Bribery Act extent applicable and the OECD Convention and has have instituted and maintained maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

Appears in 1 contract

Samples: Underwriting Agreement (iClick Interactive Asia Group LTD)

FCPA. Neither the Administrator Xxxxxx nor any of its Subsidiaries nor, to the knowledge of the AdministratorXxxxxx’x knowledge, any director, officer, agent, agent or employee of Xxxxxx or Affiliate any of the Administrator, or other person associated with or acting on behalf of the Administrator its Subsidiaries is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the U.S. Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder (“FCPA, the Bribery Act or the OECD Convention or any applicable anti-bribery laws, ”) including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Administrator and, to the knowledge of the Administrator, ; Xxxxxx and its affiliates, has Subsidiaries have conducted its business their businesses in compliance with the FCPA, the Bribery Act FCPA (as applicable) and the OECD Convention and has have instituted and maintained maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewiththerewith and Xxxxxx has no knowledge of any violation of the FCPA by any of its Affiliates.

Appears in 1 contract

Samples: Merger Agreement (VeriFone Holdings, Inc.)

FCPA. Neither the Administrator Company nor any of its subsidiaries nor, to the knowledge of the AdministratorCompany, any director, officer, agent, employee or Affiliate of the Administratoremployee, affiliate or other person associated with or entity acting on behalf of the Administrator Company or any of its subsidiaries is aware of or has taken any action, directly or indirectly, that has resulted or would result in a violation by any such persons person or entity of the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder (the “FCPA, the Bribery Act or the OECD Convention or any applicable anti-bribery laws”), including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Administrator FCPA and the Company and its subsidiaries, and, to the knowledge of the AdministratorCompany, its affiliates, has other affiliates have conducted its business their businesses in compliance with the FCPA, the Bribery Act FCPA and the OECD Convention and has have instituted and maintained maintain policies and procedures designed to ensure, and which that are reasonably expected to continue to ensure, continued compliance therewith.

Appears in 1 contract

Samples: Equity Distribution Agreement (Spire Inc)

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