Common use of PATRIOT ACT and FCPA Clause in Contracts

PATRIOT ACT and FCPA. To the extent applicable, each Exela Party is in compliance with (a) the laws, regulations and Executive Orders administered by OFAC, and (b) the Bank Secrecy Act, as amended by the PATRIOT Act. Neither the Exela Parties nor any of their officers, directors, employees, agents or shareholders acting on the Exela Parties’ behalf shall use the proceeds of the Loans to make any payments, directly or indirectly (including through any third party intermediary), to any Foreign Official in violation of the FCPA. None of the Exela Parties nor any Affiliates of any Exela Parties, is in violation of any Anti-Terrorism Law or engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the Anti-Terrorism Laws. None of the Exela Parties, nor any Affiliates of any Exela Parties, or their respective agents acting or benefiting in any capacity in connection with any Credit Extension or other transactions hereunder, is a Blocked Person. None of the Exela Parties, nor any of their agents acting in any capacity in connection with the Credit Extensions or other transactions hereunder (A) conducts any business or engages in making or receiving any contribution of funds, goods or services to or for the benefit of any Blocked Person, or (B) deals in, or otherwise engages in any transaction relating to, any property or interests in property blocked pursuant to any OFAC Sanctions Programs.

PATRIOT ACT and FCPA. To the extent applicable, each Exela Loan Party is in material compliance with (a) the laws, regulations and Executive Orders administered by OFAC, and (b) the Bank Secrecy Act, as amended by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) of 2001 (the “PATRIOT Act”). Neither the Exela Loan Parties nor to the knowledge of the Loan Parties any of their officers, directors, employees, agents or shareholders acting on the Exela Loan Parties’ behalf shall use the proceeds of the Loans to make any payments, directly or knowingly indirectly (including through any third third-party intermediary), to any Foreign Official in violation of the United States Foreign Corrupt Practices Act of 1977, as amended and the rules and regulations thereunder (the “FCPA”) or other applicable anti-corruption laws. None of the Exela Loan Parties nor nor, to the Loan Parties’ knowledge, any Affiliates of any Exela Loan Parties, is in violation of any Anti-Terrorism Law or applicable anti-corruption laws or engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the Anti-Terrorism LawsLaws or applicable anti-corruption laws. None of the Exela Loan Parties, nor nor, to the knowledge of the Loan Parties, any Affiliates of any Exela Parties, Loan Parties or their respective any agents acting or benefiting in any capacity in connection with any Credit Extension the Loans or other transactions hereunder, is a Blocked PersonSanctioned Entity. None of the Exela Loan Parties, nor to the knowledge of the Loan Parties, any of their agents acting in any capacity in connection with the Credit Extensions Loans or other transactions hereunder (A) conducts any business or engages in making or receiving any contribution of funds, goods or services to or for the benefit of any Blocked PersonSanctioned Entity, or (B) deals in, or otherwise engages in any transaction relating to, any property or interests in property blocked pursuant to any OFAC Sanctions ProgramsSanctions.