Common use of Foreign Assets Control Regulations, Etc Clause in Contracts

Foreign Assets Control Regulations, Etc. (a) None of the execution, delivery or performance of any Loan Document, the issuance of any Notes, or the use of proceeds of the Loans will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower nor any of its Subsidiaries (i) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and (ii) engages in any dealings or transactions with any such Person. Each of the Borrower and its Subsidiaries is in compliance, in all material respects, with the Patriot Act. (c) No part of the proceeds from any of the Loans hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the Borrower.

Foreign Assets Control Regulations, Etc. (a) None Neither any Facility LC nor any part of the execution, delivery or performance of any Loan Document, the issuance of any Notes, or the use of proceeds of the Loans will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower Parent nor any of its Subsidiaries (i) is is, or will become, a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) engages or will engage in any dealings or transactions transactions, or is or will be otherwise associated, with any such Person. Each of the Borrower The Parent and its Subsidiaries is are in compliance, in all material respects, with the USA Patriot Act. (c) No Neither any Facility LC nor any part of the proceeds from any of the Loans hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act act applies to the BorrowerParent and its Subsidiaries.

Foreign Assets Control Regulations, Etc. (a) None Neither the sale of the execution, delivery or performance Notes by the Company hereunder with the benefit of any Loan Document, the issuance of any Notes, or Guarantees nor the Company’s use of the proceeds of the Loans thereof will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower Obligor nor any of its Subsidiaries Subsidiary (i) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) knowingly engages in any dealings or transactions with any such Person. Each of To the Borrower extent applicable thereto, each Obligor and its Subsidiaries is are in compliance, in all material respects, with the Patriot USA PATRIOT Act. (c) No part of the proceeds from any the sale of the Loans Notes hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerObligors.

Foreign Assets Control Regulations, Etc. (a) None Neither the sale of the execution, delivery or performance of Series 2008A Notes by any Loan Document, the issuance of any Notes, or the Obligor hereunder nor its use of the proceeds of the Loans thereof will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither None of the Borrower Obligors nor any of its Subsidiaries Subsidiary (i) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) to the knowledge of the Company, engages in any dealings or transactions with any such Person. Each of the Borrower The Obligors and its their Subsidiaries is are in compliance, in all material respects, with the USA Patriot Act, to the extent applicable. (c) No part of the proceeds from any the sale of the Loans Series 2008A Notes hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerObligors.

Foreign Assets Control Regulations, Etc. (a) None Neither any Letter of Credit nor any part of the execution, delivery or performance of any Loan Document, the issuance of any Notes, or the use of proceeds of the Loans will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower Company nor any of its Subsidiaries Subsidiary (i) is is, or will become, a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) engages or will engage in any dealings or transactions transactions, or is or will be otherwise associated, with any such Person. Each of The Company and the Borrower and its Subsidiaries is are in compliance, in all material respects, with the Patriot ActUSA PATRIOT ACT. (c) No Neither any Letter of Credit nor any part of the proceeds from any of the Loans hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerCompany or one of the Subsidiaries.

Foreign Assets Control Regulations, Etc. (a) None Neither the sale of the execution, delivery or performance of any Loan Document, Notes by the issuance of any Notes, or the Company hereunder nor its use of the proceeds of the Loans thereof will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower Company nor any of its Subsidiaries Subsidiary (i) is is, or will become, a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) engages or will engage in any dealings or transactions transactions, or is or will be otherwise associated, with any such Person. Each of the Borrower The Company and its Subsidiaries is are in compliance, in all material respects, with the USA Patriot Act. (c) No part of the proceeds from any the sale of the Loans Notes hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerCompany.

Foreign Assets Control Regulations, Etc. (a) None Neither the sale of the execution, delivery or performance of any Loan Document, Notes by the issuance of any Notes, or Company hereunder nor the guarantee hereof by the Subsidiary Guarantors hereunder nor their use of the proceeds of the Loans thereof will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower No Obligor nor any of its Subsidiaries Subsidiary (i) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) engages in any dealings or transactions with any such Person. Each of the Borrower Obligor and its Subsidiaries is are in compliance, in all material respects, with the USA Patriot Act. (c) No part of the proceeds from any the sale of the Loans Notes hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerObligors.

Foreign Assets Control Regulations, Etc. (a) None Neither the sale of the execution, delivery or performance of any Loan Document, Notes by the issuance of any Notes, or the Company hereunder nor its use of the proceeds of the Loans thereof will violate the Trading with the Xxxx Xxxx Technologies Corporation Note Purchase Agreement Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower No Obligor nor any of its Subsidiaries Subsidiary (i) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) to the knowledge of the Company engages in any dealings or transactions with any such Person. Each of the Borrower The Obligors and its their Subsidiaries is are in compliance, in all material Material respects, with the USA Patriot Act. (c) No part of the proceeds from any the sale of the Loans Notes hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerObligors.

Foreign Assets Control Regulations, Etc. (ai) None Neither the sale of the execution, delivery or performance of any Loan Document, Notes by the issuance of any Notes, or the Company hereunder nor its use of the proceeds of the Loans thereof will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (bi) Neither the Borrower Company nor any of its Subsidiaries Subsidiary (ia) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Anti Terrorism Order and or (iib) knowingly engages in any dealings or transactions with any such Person, except to provide electricity to any APS customer. Each of the Borrower The Company and its Subsidiaries is are in compliance, in all material respects, with the USA Patriot Act. (cii) No part of the proceeds from any the sale of the Loans Notes hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerCompany.

Foreign Assets Control Regulations, Etc. (a) None Neither the making of the execution, delivery or performance of any Loan Document, Loans to the issuance of any Notes, or Borrower hereunder nor the use of the proceeds of the Loans thereof has violated or will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower nor any of its Subsidiaries (ia) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (iib) engages in any dealings or transactions with any such Person. Each of the Borrower and its Subsidiaries is are in compliance, in all material respects, with the USA Patriot Act. (c) No part of the proceeds from any of the Loans hereunder has been or will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerBorrower or any of its Subsidiaries.

Foreign Assets Control Regulations, Etc. (a) None Neither the sale of the execution, delivery or performance Notes by the Company hereunder nor its use of any Loan Document, the proceeds thereof nor the issuance of any Notes, or the use of proceeds Guarantors of the Loans Subsidiary Guaranty will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower No Obligor nor any of its Subsidiaries Subsidiary (i) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) engages in any dealings or transactions with any such Person. Each of the Borrower The Obligors and its their Subsidiaries is are in compliance, in all material respects, with the USA Patriot Act. (c) No part of the proceeds from any the sale of the Loans Notes hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerObligors and their Subsidiaries.

Foreign Assets Control Regulations, Etc. (a) None of Neither the execution, delivery or performance of any Loan Document, the issuance of any Notes, or the use of proceeds making of the Loans by the Lenders hereunder nor its use of the proceeds thereof will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower No Loan Party nor any of its respective Subsidiaries (i) is is, or will become, a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) engages or will engage in any dealings or transactions transactions, or is or will be otherwise associated, with any such Person. Each of the Borrower Loan Party and its Subsidiaries is are in compliance, in all material respects, with the USA Patriot Act. (c) No part of the proceeds from any of the Loans made hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerLoan Parties.

Foreign Assets Control Regulations, Etc. (a) None Neither the sale of the execution, delivery or performance of any Loan Document, Notes by the issuance of any Notes, or the Obligors hereunder nor their use of the proceeds of the Loans thereof will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower any Obligor nor any of its Subsidiaries Subsidiary (i1) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii2) to the best knowledge of the Obligors, engages in any dealings or transactions with any such Person. Each of the Borrower Obligor and its Subsidiaries is are in compliance, in all material respects, with the USA Patriot Act. (c) No part of the proceeds from any the sale of the Loans Notes hereunder will be used, directly or indirectly, by any Obligor or any Subsidiary for any payments to any governmental government official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act act applies to the BorrowerObligors.

Foreign Assets Control Regulations, Etc. (a) None Neither the issue and sale of the execution, delivery or performance of any Loan Document, Notes by the issuance of any Notes, or the Company nor its use of the proceeds of the Loans thereof as contemplated by this Agreement will violate the Trading with the Enemy Act, (50 U.S.C. App. §§1 et seq., as amended), or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower nor any of its Subsidiaries (i) No Loan Party is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) knowingly engages in any dealings or transactions with any such Person. Each of the Borrower The Company and its Subsidiaries is are in compliance, in all material respects, with the USA Patriot Act. (c) No part of the proceeds from any the sale of the Loans Notes hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerCompany.

Foreign Assets Control Regulations, Etc. (a) None Neither the sale of the execution, delivery or performance of any Loan Document, the issuance of any Notes, or the Original Notes by Xxxxxx’x Manufacturing nor its use of the proceeds of the Loans will thereof violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United Xxxxx, Inc. Amended and Restated Note Purchase Agreement States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower Company nor any of its Subsidiaries Subsidiary (i) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) engages in any dealings or transactions with any such Person. Each of the Borrower The Company and its Subsidiaries is are in compliance, in all material respects, with the USA Patriot Act. (c) No part of the proceeds from any the sale of the Loans hereunder will be Original Notes have been used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerCompany.

Foreign Assets Control Regulations, Etc. (a) None Neither the receipt by Borrower of the execution, delivery or performance proceeds of any Loan Document, the issuance of any Notes, or the Loans nor Borrower’s use of the proceeds of the Loans will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither None of the Borrower nor any of its Subsidiaries Entities or Non-Controlled Hospital Entities (i) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Executive Order and No. 13,244 of September 24, 2011 or (ii) engages in any dealings or transactions with any such Person. Each of the Borrower and its Subsidiaries Entity is in compliance, in all material respects, with the Patriot USA PATRIOT Act. (c) No part of the proceeds from any of the Loans hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the Borrowereach Borrower Entity.

Foreign Assets Control Regulations, Etc. (ai) None Neither the sale of the execution, delivery or performance of any Loan Document, Series A Cumulative Convertible Preferred Stock by the issuance of any Notes, or the Company hereunder nor its use of the proceeds of the Loans thereof will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (bii) Neither the Borrower Company nor any of its Subsidiaries Subsidiary (iA) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section section 1 of the Anti-Terrorism Order and or (iiB) engages in any dealings or transactions with any such Person. Each of the Borrower The Company and its Subsidiaries is are in compliance, in all material respects, with the USA Patriot Act. (ciii) No part of the proceeds from any the sale of the Loans Series A Cumulative Convertible Preferred Stock hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerCompany.

Foreign Assets Control Regulations, Etc. (a) None Neither the sale of the execution, delivery or performance of any Loan Document, Notes by the issuance of any Notes, or the Company hereunder nor its use of the proceeds of the Loans thereof will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower Parent nor the Company or any of its Subsidiaries other Subsidiary (i) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) knowingly engages in any dealings or transactions with any Person known to it to be such a Person. Each of The Parent, the Borrower Company and its the other Subsidiaries is are each in compliance, in all material respects, with the USA Patriot Act. (c) No part of the proceeds from any the sale of the Loans Notes hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the Borrower.

Foreign Assets Control Regulations, Etc. (a) None Neither the sale of the execution, delivery or performance Notes by the Company hereunder with the benefit of any Loan Document, the issuance Guarantees of any Notes, or the Guarantor nor the Company’s use of the proceeds of the Loans thereof will violate the United States Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower Obligors nor any of its Subsidiaries Subsidiary (i) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) engages in any dealings or transactions with any such Person. Each Person or (iii) to the knowledge of the Borrower and its Subsidiaries Obligors, is in compliance, in all material respects, with violation of the USA Patriot Act. (c) . No part of the proceeds from any the sale of the Loans Notes hereunder will shall be used, used directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United Unites States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerCompany.

Foreign Assets Control Regulations, Etc. (a) None Neither the sale of the execution, delivery or performance of any Loan Document, Notes by the issuance of any Notes, or the Company hereunder nor its use of the proceeds of thereof for the Loans purposes described in Section 5.12 will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower Company nor any of its Subsidiaries Subsidiary nor the Project Partnership (i) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) knowingly engages in any dealings or transactions transactions, or is otherwise knowingly associated, with any such Person. Each Neither the Company nor any Subsidiary is or will be in violation of the Borrower and its Subsidiaries is in compliance, in all material respects, with the USA Patriot Act. (c) No part of the proceeds from any the sale of the Loans Notes hereunder will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerCompany.

Foreign Assets Control Regulations, Etc. (a) None Neither the sale of the execution, delivery or performance of any Loan Document, Notes by the issuance of any Notes, or the Company nor its use of the proceeds of the Loans thereof will violate the Trading with the Enemy Act, as amended, or any of the foreign assets control regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended) or any enabling legislation or executive order relating thereto. (b) Neither the Borrower Guarantor, the Company nor any of its their respective Subsidiaries (i) is a Person described or designated in the Specially Designated Nationals and Blocked Persons List of the Office of Foreign Assets Control or in Section 1 of the Anti-Terrorism Order and or (ii) engages in any dealings or transactions with any such Person. Each of The Guarantor, the Borrower Company and its their respective Subsidiaries is are in compliance, in all material respects, with the USA Patriot Act.. First Potomac Realty Trust Trust Guaranty (c) No part of the proceeds from any the sale of the Loans hereunder Notes will be used, directly or indirectly, for any payments to any governmental official or employee, political party, official of a political party, candidate for political office, or anyone else acting in an official capacity, in order to obtain, retain or direct business or obtain any improper advantage, in violation of the United States Foreign Corrupt Practices Act of 1977, as amended, assuming in all cases that such Act applies to the BorrowerCompany.