No Unlawful Contributions. Neither the Company nor any of its subsidiaries nor, to the Company’s knowledge, any director, officer, agent, employee or other person associated with or acting on behalf of the Company or any of its subsidiaries has (i) made any payment of funds of the Company or any subsidiary or received or retained any funds in violation of any law, rule or regulation or of a character required to be disclosed in the Prospectus which has not been so disclosed; (ii) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expense relating to political activity; (iii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iv) violated or is in violation of any provision of the Foreign Corrupt Practices Act of 1977; or (v) made any bribe, rebate, payoff, influence payment, kickback or other unlawful payment.
Appears in 12 contracts
Samples: Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc), Sales Agency Financing Agreement (Avalonbay Communities Inc)
No Unlawful Contributions. Neither the Company nor any of its subsidiaries nor, to the Company’s knowledge, any director, officer, agent, employee or other person associated with or acting on behalf of the Company or any of its subsidiaries has (i) made any payment of funds of the Company or any subsidiary or received or retained any funds in violation of any law, rule or regulation or of a character required to be disclosed in the Time of Sale Prospectus and the Prospectus which has not been so disclosed; , (ii) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expense relating to political activity; , (iii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; , (iv) violated or is in violation of any provision of the Foreign Corrupt Practices Act of 1977; , or (v) made any bribe, rebate, payoff, influence payment, kickback or other unlawful payment.
11. Section 3 is hereby modified to include the following additional representations:
Appears in 2 contracts
Samples: Terms Agreement (Avalonbay Communities Inc), Distribution Agreement (Avalonbay Communities Inc)
