Common use of OFAC; PATRIOT ACT and FCPA Clause in Contracts

OFAC; PATRIOT ACT and FCPA. (a) (i) None of Holdings, the Top Borrower nor any of its Restricted Subsidiaries nor, to the knowledge of the Top Borrower, any director, officer, agent, employee or Affiliate of any of the foregoing is subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and (ii) no Borrower will directly or, to its knowledge, indirectly, use the proceeds of the Loans or Letters of Credit or otherwise make available such proceeds to any Person for the purpose of financing the activities of any Person subject to any U.S. sanctions administered by OFAC, except to the extent licensed or otherwise approved by OFAC.

OFAC; PATRIOT ACT and FCPA. (a) (i) None of Holdings, the Top Borrower nor any of its Restricted Subsidiaries nor, to the knowledge of the Top Borrower, any director, officer, agent, employee or Affiliate of any of the foregoing is subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and (ii) no Borrower will directly or, to its knowledge, indirectly, use the proceeds of the Loans or Letters of Credit or otherwise make available such proceeds to any Person for the purpose of financing the activities of any Person subject to any U.S. sanctions administered by OFAC, except to the extent licensed or otherwise approved by OFAC.

OFAC; PATRIOT ACT and FCPA. (a) (i) None of Holdings, Neither the Top Borrower nor any of its Restricted Subsidiaries Subsidiaries, nor, to the knowledge of the Top Borrower, any director, officer, agent, employee or Affiliate of any of the foregoing is currently subject to or the target of any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and (ii) no the Borrower and its Subsidiaries will not directly or, to its knowledgethe knowledge of the Borrower, indirectly, use the proceeds of the Loans or Letters of Credit Credit, or otherwise make available such proceeds to any Person for the purpose of financing the activities of any Person Person, or in any country or territory, that, at the time of such financing, is subject to or the target of any U.S. sanctions administered by OFAC, except to the extent licensed by OFAC or otherwise approved by OFACpermissible.