OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 70 contracts
Samples: Sales Agreement (Lightpath Technologies Inc), Sales Agreement (Lightpath Technologies Inc), Underwriting Agreement (Stifel Financial Corp)
OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the this offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 61 contracts
Samples: Note Purchase Agreement, Open Market Sale (CASI Pharmaceuticals, Inc.), Sales Agreement (ObsEva SA)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, representative, agent or affiliate of the Company or any other person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering of the Securities contemplated hereby, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 46 contracts
Samples: Underwriting Agreement (Kindly MD, Inc.), Underwriting Agreement (BullFrog AI Holdings, Inc.), Underwriting Agreement (60 Degrees Pharmaceuticals, Inc.)
OFAC. Neither None of the Company noror, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 24 contracts
Samples: Sales Agreement (Tonix Pharmaceuticals Holding Corp.), Sales Agreement (Freight Technologies, Inc.), Sales Agreement (Processa Pharmaceuticals, Inc.)
OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 21 contracts
Samples: Equity Distribution Agreement (Xencor Inc), Purchase Agreement (Stone Energy Corp), Underwriting Agreement (Compugen LTD)
OFAC. Neither None of the Company noror, to the knowledge Knowledge of the Company, any director, officer, agent, employee, affiliate Affiliate or person Person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person Person currently subject to any U.S. sanctions administered by OFAC.
Appears in 18 contracts
Samples: Market Agreement (AtlasClear Holdings, Inc.), Share Purchase Agreement (TurnOnGreen, Inc.), Share Purchase Agreement (FibroBiologics Inc.)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its Subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiaryof its Subsidiaries, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 17 contracts
Samples: Underwriting Agreement (Colony Financial, Inc.), Underwriting Agreement (Colony Financial, Inc.), Equity Distribution Agreement (Colony Financial, Inc.)
OFAC. Neither the Company nor, to the knowledge of the Company, any directortrust manager, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering contemplated hereby, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 17 contracts
Samples: Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“"OFAC”"); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 14 contracts
Samples: Purchase Agreement (North American Palladium LTD), Stock Purchase Agreement (Allegiant Travel CO), Underwriting Agreement (North American Palladium LTD)
OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or other person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use any of the proceeds from the sale of Securities in the offeringoffering contemplated by this Agreement, or lend, contribute or otherwise make available any such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 13 contracts
Samples: Underwriting Agreement (Zogenix, Inc.), Underwriting Agreement (Zogenix, Inc.), Underwriting Agreement (Zogenix, Inc.)
OFAC. Neither the Company nor, to the knowledge of the Company, any directortrustee, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 13 contracts
Samples: Underwriting Agreement (Hospitality Properties Trust), Underwriting Agreement (Select Income Reit), Underwriting Agreement (Select Income REIT)
OFAC. Neither the Company Company, any director or officer, nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, affiliate subsidiary or person acting on behalf Affiliate of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person Person currently subject to any U.S. sanctions administered by OFAC.
Appears in 11 contracts
Samples: Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.)
OFAC. Neither the Company Company, any officer of the Company, nor, to the knowledge of the Company, any director, officer, agent, employee, agent or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company (either directly or through the Trust Account) will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 11 contracts
Samples: Underwriting Agreement (Emerald Oil, Inc.), Abraxas Petroleum Corp, Emerald Oil, Inc.
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 10 contracts
Samples: Equity Distribution Agreement (Pulse Biosciences, Inc.), Terms Agreement (Pulse Biosciences, Inc.), Terms Agreement (Angion Biomedica Corp.)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the this offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person whom the Company has knowledge is currently subject to any U.S. sanctions administered by OFAC.
Appears in 9 contracts
Samples: Terms Agreement (aTYR PHARMA INC), Terms Agreement (Momenta Pharmaceuticals Inc), Terms Agreement (aTYR PHARMA INC)
OFAC. Neither None of the Company Partnership Entities nor, to the knowledge of the CompanyPartnership Parties, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company Partnership Entities is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company Partnership will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 9 contracts
Samples: Equity Distribution Agreement (Summit Midstream Partners, LP), Underwriting Agreement (Summit Midstream Partners, LP), Underwriting Agreement (Summit Midstream Partners, LP)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiaryaffiliate, joint venture partner or other person or entity, which, to the Company’s knowledge, will use such proceeds for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 9 contracts
Samples: Global Geophysical Services (Global Geophysical Services Inc), Underwriting Agreement (GWG Life, LLC), Underwriting Agreement (GWG Life, LLC)
OFAC. Neither None of the Company norCompany, any managing trustee, officer, or, to the knowledge of the Company, any director, officerindependent trustee, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 8 contracts
Samples: Underwriting Agreement (Office Properties Income Trust), Underwriting Agreement (Office Properties Income Trust), Underwriting Agreement (Government Properties Income Trust)
OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or other person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use any of the proceeds from the sale of Securities by the offeringCompany in the offering contemplated by this Agreement, or lend, contribute or otherwise make available any such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 8 contracts
Samples: Underwriting Agreement (Immunomedics Inc), Underwriting Agreement (Immunomedics Inc), Underwriting Agreement (Dixie Group Inc)
OFAC. Neither None of the Company norCompany, any Subsidiary or, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not not, directly or indirectly indirectly, use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entityperson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Biozone Pharmaceuticals, Inc.), Securities Purchase Agreement (MusclePharm Corp), Registration Rights Agreement (Biozone Pharmaceuticals, Inc.)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Treasure Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 6 contracts
Samples: Purchase Agreement (Steel Dynamics Inc), Purchase Agreement (Gsi Commerce Inc), Purchase Agreement (Steel Dynamics Inc)
OFAC. Neither the Company Partnership nor, to the knowledge of the CompanyPartnership, any director, officer, agent, employee, affiliate or person acting on behalf of the Company Partnership is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Treasure Department (“OFAC”); and the Company Partnership will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 6 contracts
Samples: Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 6 contracts
Samples: Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringsale of the Securities, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner partners or other person or entityperson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 6 contracts
Samples: THL Credit, Inc., THL Credit, Inc., THL Credit, Inc.
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds from the sale of the offeringSecurities or the Concurrent Securities, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 5 contracts
Samples: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate employee or person acting on behalf subsidiary of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 5 contracts
Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)
OFAC. Neither the Company nor, to the knowledge nor any of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company its Subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of this offering of the offeringShares contemplated hereby, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 5 contracts
Samples: Underwriting Agreement (Sysorex Global Holdings Corp.), Underwriting Agreement (Widepoint Corp), Underwriting Agreement (Widepoint Corp)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person whom the Company has knowledge currently subject to any U.S. sanctions administered by OFAC.
Appears in 5 contracts
Samples: Terms Agreement (ONESPAWORLD HOLDINGS LTD), Terms Agreement (Inovio Pharmaceuticals, Inc.), Terms Agreement (Resonant Inc)
OFAC. Neither the Company nor any of its consolidated subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds proceeds, to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 5 contracts
Samples: Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.), Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.), Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.)
OFAC. Neither None of the Company norCompany, any Subsidiary or, to the knowledge of the Company, any director, officer, agent, employee, affiliate employee or person acting on behalf Affiliate of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not not, directly or indirectly indirectly, use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entityperson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Fuse Science, Inc.), Exchange Agreement (Fuse Science, Inc.), Subscription Agreement (Hochman David P)
OFAC. Neither the Company Company, any director or officer, nor, to the knowledge of the Company's knowledge, any director, officer, agent, employee, affiliate subsidiary or person acting on behalf Affiliate of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person Person currently subject to any U.S. sanctions administered by OFAC.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.)
OFAC. Neither the Company nor, to the knowledge of the Company, any Initial Stockholder, director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company (either directly or through the Trust) will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 5 contracts
Samples: Underwriting Agreement (Santa Monica Media CORP), Underwriting Agreement (Santa Monica Media CORP), Underwriting Agreement (Santa Monica Media CORP)
OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company Company, is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering contemplated by this Agreement, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 5 contracts
Samples: Underwriting Agreement (National Fuel Gas Co), Underwriting Agreement (National Fuel Gas Co), Underwriting Agreement (National Fuel Gas Co)
OFAC. Neither the Company nor, to the knowledge of the Company, any directortrustee, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 5 contracts
Samples: Purchase Agreement (PennyMac Mortgage Investment Trust), Pennymac Mortgage Investment Trust (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust)
OFAC. Neither the Company, any officer of the Company nor, to the knowledge of the Company, any officer, director, officer, agent, employee, agent or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 4 contracts
Samples: Co Manager Agreement (Smart Rx Systems Inc), Underwriting Agreement (Sanchez Energy Corp), Underwriting Agreement (Sanchez Energy Corp)
OFAC. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its Subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering of the Securities, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 4 contracts
Samples: Terms Agreement (Telephone & Data Systems Inc /De/), Terms Agreement (United States Cellular Corp), Terms Agreement (Telephone & Data Systems Inc /De/)
OFAC. Neither the Company nor any director or officer of the Company, nor, to the knowledge of the Company, any director, officer, agent, employee, agent or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringOffering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 4 contracts
Samples: Underwriting Agreement (SMG Indium Resources Ltd.), Underwriting Agreement (SMG Indium Resources Ltd.), Underwriting Agreement (SMG Indium Resources Ltd.)
OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries, is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 4 contracts
Samples: Underwriting Agreement (Healthsouth Corp), Underwriting Agreement (Healthsouth Corp), Underwriting Agreement (Healthsouth Corp)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate Affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 4 contracts
Samples: Purchase Agreement (Tektronix Inc), Purchase Agreement (New River Pharmaceuticals Inc), Purchase Agreement (St Mary Land & Exploration Co)
OFAC. Neither None of the Company noror, to the knowledge of the Company, any directorof its directors, officerofficers, agentagents, employeeemployees, affiliate affiliates or person persons acting on its behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 4 contracts
Samples: Underwriting Agreement (MF Global Holdings Ltd.), Underwriting Agreement (MF Global Holdings Ltd.), Underwriting Agreement (MF Global Holdings Ltd.)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not not, directly or indirectly indirectly, use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Monogram Biosciences, Inc.), Securities Purchase Agreement (NextWave Wireless Inc.), Securities Purchase Agreement (Vringo Inc)
OFAC. Neither the Company nor any Company Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any Company Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not not, directly or indirectly indirectly, use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiaryCompany Subsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Ener1 Inc), Securities Purchase Agreement (Ener1 Inc), Securities Purchase Agreement (Ener1 Inc)
OFAC. Neither the Company Company, any officer of the Company, Lazard nor, to the knowledge of the Company, Company any director, officer, agent, employee, agent or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company (either directly or through the Trust Account) will not directly or indirectly use the proceeds of the offeringOffering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Underwriting Agreement (Sapphire Industrials Corp.), Underwriting Agreement (Sapphire Industrials Corp.), Underwriting Agreement (Sapphire Industrials Corp.)
OFAC. Neither None of the Company Company, any Subsidiary nor, to the knowledge of the CompanyBorrower, any director, officer, agent, employee, affiliate director or person acting on behalf officer of the Company Borrower or any Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute Loans or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person currently Person subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Credit Agreement (Constellation Brands, Inc.), Restatement Agreement (Constellation Brands, Inc.), Guarantee Agreement (Constellation Brands, Inc.)
OFAC. Neither the Company nor, nor to the Company’s knowledge of the Company, any director, officer, agentaffiliate, employee, affiliate agent or other person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Subscription Agreement, Subscription Agreement (AC Immune SA), Subscription Agreement (AC Immune SA)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person whom the Company has knowledge is currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Underwriting Agreement (Discovery Laboratories Inc /De/), Underwriting Agreement (Discovery Laboratories Inc /De/), Underwriting Agreement (Discovery Laboratories Inc /De/)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the this offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp)
OFAC. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, representative, agent or affiliate or person acting on behalf of the Company or any of its Subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringPlacement contemplated hereby, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Placement Agency Agreement (Wireless Ronin Technologies Inc), Placement Agency Agreement (Wireless Ronin Technologies Inc), Placement Agency Agreement (Wireless Ronin Technologies Inc)
OFAC. Neither the Company Company, nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp)
OFAC. Neither the Company nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Solta Medical Inc), Purchase Agreement (Biomimetic Therapeutics, Inc.), Purchase Agreement (WaferGen Bio-Systems, Inc.)
OFAC. Neither the Company nor, to the knowledge of the Company, any directortrust manager, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Equity Offeringsm Sales Agreement (Weingarten Realty Investors /Tx/), Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/), Terms Agreement (Weingarten Realty Investors /Tx/)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Underwriting Agreement (AutoGenomics, Inc.), Underwriting Agreement (AutoGenomics, Inc.), FutureFuel Corp.
OFAC. Neither the Company nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); , and the Company will not intentionally directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Securities Purchase Agreement (SFX Entertainment, INC), Securities Purchase Agreement (Alexza Pharmaceuticals Inc.), Securities Purchase Agreement (Corcept Therapeutics Inc)
OFAC. Neither None of the Company Parties nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of any of the Company Parties is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Underwriting Agreement (Vantage Energy Inc.), Underwriting Agreement (Rice Energy Inc.), Underwriting Agreement (Rice Energy Inc.)
OFAC. Neither the Company nornor any of its Subsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee, affiliate employee or person acting on behalf Affiliate of the Company or any of its Subsidiaries is currently subject to any material U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); , and the Company will not directly or indirectly use the proceeds from the sale of the offering, Shares hereunder or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person Person currently subject to any U.S. sanctions administered by the OFAC.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Strategic Value Partners, LLC), Common Stock Purchase Agreement (Zell Credit Opportunities Side Fund, L.P.), Common Stock Purchase Agreement (Dune Energy Inc)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Treasure Department (“OFACOFCA”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFACOFCA.
Appears in 3 contracts
Samples: Purchase Agreement (GMX Resources Inc), Underwriting Agreement (Georesources Inc), Underwriting Agreement (Us Energy Corp)
OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, representative, agent or affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering of the Shares contemplated hereby, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, entity for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Terms Agreement (Sarepta Therapeutics, Inc.), Terms Agreement (Sarepta Therapeutics, Inc.), Terms Agreement (Maxwell Technologies Inc)
OFAC. Neither the Company nor any Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.)
OFAC. Neither the Company nornor any of its directors, officers or any controlled affiliate or, to the knowledge of the Company’s knowledge, any director, officer, employee or agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); ) and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Underwriting Agreement (Rocket Fuel Inc.), Underwriting Agreement (Rocket Fuel Inc.), Underwriting Agreement (Rocket Fuel Inc.)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or controlled affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not knowingly, directly or indirectly indirectly, use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Purchase Agreement (Danaher Corp /De/), Purchase Agreement (Danaher Corp /De/), Purchase Agreement (Danaher Corp /De/)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering of the Offered Securities, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Underwriting Agreement (New Media Investment Group Inc.), Underwriting Agreement (New Media Investment Group Inc.), Underwriting Agreement (New Media Investment Group Inc.)
OFAC. Neither the Company nor, to the knowledge of the Company, the Existing Stockholder, or any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company (either or directly or through the Trust) will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Underwriting Agreement (First Class Navigation CORP), Underwriting Agreement (First Class Navigation CORP), Underwriting Agreement (First Class Navigation CORP)
OFAC. Neither the Company nor any Company Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any Company Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 3 contracts
Samples: Investment Agreement (Seacoast Banking Corp of Florida), Investment Agreement (Seacoast Banking Corp of Florida), Investment Agreement (CapGen Capital Group III LP)
OFAC. Neither None of the Company norCompany, its Subsidiaries or, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its Subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Purchase Agreement (Phunware, Inc.), Purchase Agreement (Clene Inc.)
OFAC. Neither None of the Company noror, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company Company, is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringOffering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Agency Agreement (Aradigm Corp), Agency Agreement (Aradigm Corp)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or other person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Treasure Department (“OFAC”); and the . The Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiaryof its subsidiaries, any joint venture partner or other person or entityperson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Underwriting Agreement (Green Mountain Coffee Roasters Inc), Purchase Agreement (Green Mountain Coffee Roasters Inc)
OFAC. Neither None of the Company Parties nor, to the knowledge of the Company, any director, officer, agent, employee, employee or controlled affiliate or person acting on behalf of any of the Company Parties is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Underwriting Agreement (Rice Energy Inc.), Underwriting Agreement (Rice Energy Inc.)
OFAC. Neither the The Company is not, nor, to the knowledge of the Company, is any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Underwriting Agreement (Aegerion Pharmaceuticals, Inc.), Underwriting Agreement (Aegerion Pharmaceuticals, Inc.)
OFAC. Neither the Company nornor any director, officer or affiliate or, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, affiliate agent or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Underwriting Agreement (Compuware Corp), Underwriting Agreement (Proofpoint Inc)
OFAC. Neither the The Company and each of its subsidiaries are not, nor, to the knowledge of the Company, is any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is or any of its subsidiaries currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Underwriting Agreement (Aegerion Pharmaceuticals, Inc.), Underwriting Agreement (Aegerion Pharmaceuticals, Inc.)
OFAC. Neither the Company Company, any officer of the Company, nor, to the knowledge of the Company, any director, officer, agent, employee, agent or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Underwriting Agreement (Sanchez Energy Corp), Underwriting Agreement (Sanchez Energy Corp)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“"OFAC”"); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person or entity currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Purchase Agreement (National Energy Resources Acquisition CO), Purchase Agreement (National Energy Resources Acquisition CO)
OFAC. Neither the The Company norand, to the knowledge of the Company, any director, officer, agent, employee, affiliate or other person acting on behalf of the Company is are not currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use any of the proceeds from the sale of Securities in the offeringoffering contemplated by this Agreement, or lend, contribute or otherwise make available any such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Underwriting Agreement (Tracon Pharmaceuticals, Inc.), Underwriting Agreement (Tracon Pharmaceuticals, Inc.)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“"OFAC”"); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiaryaffiliate, joint venture partner or other person or entity, which, to the Company's knowledge, will use such proceeds for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Placement Agency Agreement (Magnum Hunter Resources Corp), Evolution Petroleum Corp
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agentagent (while acting in such capacity), employee, affiliate employee or other person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Sales Agreement (Trevena Inc), Sales Agreement (Trevena Inc)
OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, affiliate or person acting on behalf of the Company or any subsidiary, is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringsale of the Shares, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, towards any sales or operations in any country sanctioned by OFAC or for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Registration Rights Agreement (Magnum Hunter Resources Corp), Securities Purchase Agreement and Registration Rights Agreement (Magnum Hunter Resources Corp)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering of the Securities contemplated hereby, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, entity for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Wet Seal Inc), Securities Purchase Agreement (Clinton Group Inc)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate employee or person acting on behalf Affiliate of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringOffering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Underwriting Agreement (Perseon Corp), Underwriting Agreement (Perseon Corp)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate employee or other person acting on behalf of the Company Company, is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Purchase Agreement Purchase Agreement (Endologix Inc /De/), Terms Agreement (Endologix Inc /De/)
OFAC. Neither the Company Corporation nor, to the knowledge of the CompanyCorporation, any director, officer, agent, employee, affiliate or person acting on behalf of the Company Corporation is currently subject to any U.S. United States sanctions administered by the Office of Foreign Assets Control of the U.S. United States Treasury Department (“OFAC”); and the Company Corporation will not directly or indirectly use the proceeds of the offeringOffering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. United States sanctions administered by OFAC.
Appears in 2 contracts
Samples: Agency Agreement (IntelGenx Technologies Corp.), |Agency Agreement (IntelGenx Technologies Corp.)
OFAC. Neither None of the Company noror, to the knowledge Knowledge of the Company, any director, officer, agent, employee, affiliate or person Person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person Person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (EnteroMedics Inc), Common Stock Purchase Agreement (Trius Therapeutics Inc)
OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries, is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering of the Shares, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Digital Domain Media Group, Inc.), Stock Purchase Agreement (Digital Domain)
OFAC. Neither the Company Company, nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, agent or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company (either directly or through the Trust) will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, Subsidiary or joint venture partner of the Company or any Subsidiary or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Underwriting Agreement (Inland Real Estate Corp), Purchase Agreement (Inland Real Estate Corp)
OFAC. Neither None of the Company norGroup Companies, to the knowledge of the Company, any director, officer, agent, employee, affiliate Affiliate or person Person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person Person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Fushi International Inc), Securities Purchase Agreement (Fushi International Inc)
OFAC. Neither the Company Corporation nor, to the knowledge of the CompanyCorporation, any director, officer, agent, employee, affiliate or person acting on behalf of the Company Corporation is currently subject to any U.S. United States sanctions administered by the Office of Foreign Assets Control of the U.S. United States Treasury Department (“"OFAC”"); and the Company Corporation will not directly or indirectly use the proceeds of the offeringOffering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. United States sanctions administered by OFAC.
Appears in 2 contracts
Samples: Agency Agreement (IntelGenx Technologies Corp.), Agency Agreement (IntelGenx Technologies Corp.)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“"OFAC”"); and the Company will not not, directly or indirectly indirectly, use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Arotech Corp), Securities Purchase Agreement (Smith & Wesson Holding Corp)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarythe Significant Subsidiaries, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Placement Agency Agreement (Valley National Bancorp), Valley National Bancorp (Valley National Bancorp)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds from the sale of the offeringSecurities, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Purchase Agreement (Equity One, Inc.), Purchase Agreement (Equity One, Inc.)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for with the purpose of financing intent to finance the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Purchase Agreement (Iconix Brand Group, Inc.), Purchase Agreement (Iconix Brand Group, Inc.)
OFAC. Neither the Company nor, to the knowledge nor any of the Company, its subsidiaries nor any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering of the shares of Preferred Stock, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Broadfin Capital, LLC), Securities Purchase Agreement (Biodelivery Sciences International Inc)
OFAC. Neither the Company nor, to the knowledge of the CompanyTHL Entities, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringsale of the IPO Securities, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner partners or other person or entityperson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Purchase Agreement (THL Credit, Inc.), Form of Purchase Agreement (THL Credit, Inc.)
OFAC. Neither None of the Company norCompany, its subsidiaries or, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiaryof its subsidiaries, joint venture partner partners or other person or entityperson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Underwriting Agreement (Ctpartners Executive Search LLC), Agreement (Archipelago Learning, Inc.)
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. United States sanctions administered by the Office of Foreign Assets Control of the U.S. United States Treasury Department (“OFAC”); and the Company will not knowingly, directly or indirectly indirectly, use the proceeds of the offeringOffering, or knowingly lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. United States sanctions administered by OFAC.
Appears in 2 contracts
Samples: Investment Agreement (Chemesis International Inc.), Investment Agreement
OFAC. Neither the Company Company, any director or officer of the Company, nor, to the knowledge of the Company, any director, officer, agent, employee, agent or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
OFAC. Neither the Company Company, nor, to the knowledge of Company’s knowledge, the Company, Sponsor or any director, officer, agent, employee, agent or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company (either directly or through the Trust) will not directly or indirectly use the proceeds of the offeringOffering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Capitol Acquisition Corp. II, Capitol Acquisition Corp. II
OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or other person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use any of the proceeds from the sale of Securities by the offeringCompany in the offering contemplated by this Agreement, or lend, contribute or otherwise make available any such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Underwriting Agreement (Clarus Therapeutics Inc), Underwriting Agreement (Clarus Therapeutics Inc)
OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Agency Agreement (Shaw Communications Inc), Agency Agreement (Shaw Communications Inc)
OFAC. Neither the Company nor, to the knowledge of the Company’s Knowledge, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); , and the Company will not intentionally directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Warrant Purchase Agreement (Corcept Therapeutics Inc), Warrant Purchase Agreement (Corcept Therapeutics Inc)
OFAC. Neither the Company nor, to To the knowledge of the Company, neither the Company nor any of its Subsidiaries, nor any director, officer, agent, employee, affiliate agent or person acting on behalf employee of the Company or any of its Subsidiaries is currently subject to targeted by any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will has not directly or indirectly use the proceeds of the offeringlent, or lend, contribute contributed or otherwise make made available such proceeds funds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person Person currently subject to targeted by any U.S. sanctions administered by OFAC.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Verifone Systems, Inc.), Agreement and Plan of Merger (Hypercom Corp)