No Sanctions. Neither the Borrower nor any other LC Group Member nor, to the knowledge of the Borrower or any other LC Group Member, any director, officer, agent, employee or Affiliate of the Borrower or any such other LC Group Member (i) is, or is controlled or 50% or more owned in the aggregate by or is acting on behalf of, one or more individuals or entities that are currently the subject of any sanctions administered or enforced by the United States (including any administered or enforced by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State or the Bureau of Industry and Security of the U.S. Department of Commerce), the United Nations Security Council, the European Union, a member state of the European Union (including sanctions administered or enforced by Her Majesty’s Treasury of the United Kingdom) or other relevant sanctions authority (collectively, “Sanctions” and such persons, “Sanctioned Persons” and each such person, a “Sanctioned Person”), (ii) is located, organized or resident in a country or territory that is, or whose government is, the subject of Sanctions that broadly prohibit dealings with that country or territory (collectively, “Sanctioned Countries” and each, a “Sanctioned Country”) or (iii) will, directly or indirectly, use the proceeds of the Advances, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other individual or entity in any manner that would result in a violation of any Sanctions by, or could result in the imposition of Sanctions against, any Lender or any Agent.
Appears in 4 contracts
Samples: Warehouse Credit Agreement (LendingClub Corp), Warehouse Credit Agreement (LendingClub Corp), Warehouse Credit Agreement (LendingClub Corp)
No Sanctions. Neither the Borrower nor any other LC Group Member nor, to the knowledge of the Borrower or any other LC Group Member, any director, officer, agent, employee or Affiliate of the Borrower or any such other LC Group Member (i) is, or is controlled or 50% or more owned in the aggregate by or is acting on behalf of, one or more individuals or entities that are currently the subject of any sanctions administered or enforced by the United States (including any administered or enforced by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State or the Bureau of Industry and Security of the U.S. Department of Commerce), the United Nations Security Council, the European Union, a member state of the European Union (including sanctions administered or 50 enforced by Her Majesty’s Treasury of the United Kingdom) or other relevant sanctions authority (collectively, “Sanctions” and such persons, “Sanctioned Persons” and each such person, a “Sanctioned Person”), (ii) is located, organized or resident in a country or territory that is, or whose government is, the subject of Sanctions that broadly prohibit dealings with that country or territory (collectively, “Sanctioned Countries” and each, a “Sanctioned Country”) or (iii) will, directly or indirectly, use the proceeds of the Advances, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other individual or entity in any manner that would result in a violation of any Sanctions by, or could result in the imposition of Sanctions against, any Lender or any Agent.
Appears in 2 contracts
Samples: Warehouse Credit Agreement (LendingClub Corp), Warehouse Credit Agreement (LendingClub Corp)
No Sanctions. (a) Neither the Borrower Holding Company nor any other LC the Group Member norCompany is, and to the knowledge best Knowledge of the Borrower or any other LC Group Membereach Warrantor, any no director, officer, or employee, agent, employee affiliate or Affiliate representative of the Borrower Holding Company or any such other LC Group Member (i) Company is, a Person that is, or is owned or controlled or 50% or more owned in the aggregate by or is acting on behalf of, one or more individuals or entities a Person that are currently is:
1. the subject of any sanctions administered or enforced by the United States (including any administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State or the Bureau of Industry and Security of the U.S. Department of Commerce)(“OFAC”) , the United Nations Security CouncilCouncil (“UNSC”), the European Union, a member state of the European Union (including sanctions administered or enforced by “EU”), Her Majesty’s Treasury of the United Kingdom) (“HMT”), or other relevant sanctions authority (collectively, “Sanctions” and such persons, “Sanctioned Persons” and each such person, a “Sanctioned Person”), (ii) is ; or
2. located, organized or resident in a country or territory that is, or whose government is, is the subject of Sanctions that broadly prohibit dealings with that country or territory (collectivelyincluding, “Sanctioned Countries” without limitation, the Crimea region of the Ukraine, Cuba, Iran, North Korea and each, a “Sanctioned Country”Syria).
(b) or (iii) willEach Warrantor has not, directly or indirectly, use used the proceeds of the Advancesoffering, or lendlent, contribute contributed or otherwise make made available such proceeds to any subsidiarySubsidiary, joint venture partner or other individual Person:
1. to fund or entity facilitate any activities or business of or with any Person or in any country or territory that, at the time of such funding or facilitation, is the subject of Sanctions; or
2. in any other manner that would will result in a violation of Sanctions by any Sanctions byPerson (including any Person participating in the offering, whether as underwriter, advisor, investor or otherwise).
(c) for the past 5 years, each of the Holding Company and the Group Companies has not been or has not knowingly been engaged in any dealings or transactions with any Person, or could result in any country or territory, that at the imposition time of Sanctions against, any Lender the dealing or any Agenttransaction is or was the subject of Sanctions.
Appears in 2 contracts
Samples: Series C 1 Preferred Share Subscription Agreement (Q&K INTERNATIONAL GROUP LTD), Series C 2 Preferred Share Subscription Agreement (Q&K INTERNATIONAL GROUP LTD)