Common use of No Foreign Person Clause in Contracts

No Foreign Person. Each of Parent and Merger Sub is not, and is not controlled by, a “foreign person” (as defined in the DPA). Neither Parent nor Merger Sub permits, or will following the Closing permit, any foreign person affiliated with it, whether affiliated as a limited partner or otherwise, to obtain through Parent or Merger Sub (as applicable) any of the following with respect to the Company: (a) access to any “material nonpublic technical information” (as defined in the DPA) in the possession of the Company; (b) membership or observer rights on the Company Board or equivalent governing body of the Company or the right to nominate an individual to a position on the Company Board or equivalent governing body of the Company; (c) any involvement, other than through the voting of shares, in the substantive decision making of the Company regarding (i) the use, development, acquisition, or release of any “critical technology” (as defined in the DPA); (ii) the use, development, acquisition, safekeeping, or release of “sensitive personal data” (as defined in the DPA) of U.S. citizens maintained or collected by the Company; or (iii) the management, operation, manufacture or supply of “covered investment critical infrastructure” (as defined in the DPA); or (d) “control” of the Company (as defined in the DPA).

No Foreign Person. Each of Parent and Merger Sub is not, and is not controlled by, a “foreign person” (as defined in the DPA). Neither Parent nor Merger Sub permits, or will currently intends to, following the Closing permit, any foreign person affiliated with it, whether affiliated as a limited partner or otherwise, to obtain through Parent or Merger Sub (as applicable) any of the following with respect to the Company: (a) access to any “material nonpublic technical information” (as defined in the DPA) in the possession of the Company; (b) membership or observer rights on the Company Board or equivalent governing body of the Company or the right to nominate an individual to a position on the Company Board or equivalent governing body of the Company; (c) any involvement, other than through the voting of shares, in the substantive decision making of the Company regarding (i) the use, development, acquisition, or release of any “critical technology” (as defined in the DPA); (ii) the use, development, acquisition, safekeeping, or release of “sensitive personal data” (as defined in the DPA) of U.S. citizens maintained or collected by the Company; or (iii) the management, operation, manufacture or supply of “covered investment critical infrastructure” (as defined in the DPA); or (d) “control” of the Company (as defined in the DPA).

No Foreign Person. Each of Parent and Merger Sub is not, and Purchaser is not controlled by, a “foreign person” within the meaning of Section 721 of the Defense Production Act of 1950, as amended, including all implementing regulations thereof (as defined in the “DPA”). Neither Parent nor Merger Sub permits, or will following the Closing permit, Purchaser does not permit any foreign person affiliated with itPurchaser, whether affiliated as a limited partner or otherwise, to obtain through Parent or Merger Sub (as applicable) Purchaser any of the following with respect to the CompanySeller: (a) access to any “material nonpublic technical information” (as defined in the DPA) in the possession of the CompanySeller; (b) membership or observer rights on the Company Board board of directors or equivalent governing body of the Company Seller or the right to nominate an individual to a position on the Company Board board of directors or equivalent governing body of the CompanySeller; (c) any involvement, other than through the voting of shares, in the substantive decision making of the Company Seller regarding (i) the use, development, acquisition, or release of any “critical technologytechnologies” (as defined in the DPA); , (ii) the use, development, acquisition, safekeeping, or release of “sensitive personal data” (as defined in the DPA) of U.S. citizens maintained or collected by the Company; Seller, or (iii) the management, operation, manufacture manufacture, or supply of “covered investment critical infrastructure” (as defined in the DPA); or (d) “control” of the Company Seller (as defined in the DPA).