Common use of Prohibited Person Compliance Clause in Contracts

Prohibited Person Compliance. Borrower warrants, represents and covenants that neither Borrower nor any Subsidiary nor any of their respective Affiliates is or will be a Person (a) that is listed in the Annex to, or is otherwise subject to the provisions of, Executive Order No. 13224, (b) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) most current list of “Specifically Designated National and Blocked Persons,” (c) who commits, threatens to commit or supports “terrorism,” as defined in Executive Order No. 13224, or (d) who is otherwise affiliated with any entity or person listed above (any and all parties or persons described in subparts (a) – (d) above are herein referred to as a “Prohibited Person”). Borrower covenants and agrees that neither Borrower, nor any Subsidiary nor any of their respective Affiliates will knowingly (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person, or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224. Borrower further covenants and agrees to deliver (from time to time) to Lender any such certification or other evidence as may be requested by Lender in its sole and absolute discretion, confirming each such representation.

Prohibited Person Compliance. Borrower warrants, represents and covenants that neither Borrower nor any Subsidiary nor any of their respective Affiliates is or will be a Person (a) that is listed in the Annex to, or is otherwise subject to the provisions of, Executive Order No. 1322413224 issued on September 24, 2001 (“EO13224”), (b) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) most current list of “Specifically Designated National and Blocked Persons,” (c) who commits, threatens to commit or supports “terrorism,” as defined in Executive Order No. 13224EO13224, or (d) who is otherwise affiliated with any entity or person listed above (any and all parties or persons described in subparts ([a) – (] - [d) ] above are herein referred to as a “Prohibited Person”). Borrower covenants and agrees that neither Borrower, nor any Subsidiary nor any of their respective Affiliates will knowingly (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person, or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224EO13224. Borrower further covenants and agrees to deliver (from time to time) to Lender any such certification or other evidence as may be requested by Lender in its sole and absolute discretion, confirming each such representation.

Prohibited Person Compliance. Borrower warrantsBorrowers warrant, represents represent and covenants covenant that neither Borrower nor any Subsidiary nor any of their respective Affiliates affiliates is or will be a Person person (a1) that is listed in the Annex to, or is otherwise subject to the provisions of, Executive Order No. 1322413224 issued on September 24, 2001 (“EO13224”), (b2) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) most current list of “Specifically Designated National and Blocked Persons,” (c3) who commits, threatens to commit or supports “terrorism,” as defined in Executive Order No. 13224EO13224, or (d4) who is otherwise affiliated with any entity or person listed above (any and all parties or persons described in subparts (a1) – through (d4) above are herein referred to as a “Prohibited Person”). Each Borrower covenants and agrees that neither Borrower, nor any Subsidiary Borrower nor any of their respective Affiliates affiliates will knowingly (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person, or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order NoEO13224. 13224. Borrower Borrowers further covenants covenant and agrees agree to deliver (from time to time) to Lender any such certification or other evidence as may be requested by Lender in its sole and absolute discretion, confirming each such representation.

Prohibited Person Compliance. Borrower warrants, represents and covenants that neither Borrower nor any Subsidiary Guarantor nor any of their respective Affiliates is or will be a Person (a) that is listed in the Annex to, or is otherwise subject to the provisions of, Executive Order No. 1322413224 issued on September 24, 2001 (b) “EO13224”), whose name appears on the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) most current list of “Specifically Designated National and Blocked Persons,” (c) who commits, threatens to commit or supports “terrorism,” as defined in Executive Order No. 13224EO13224, or (d) who is otherwise affiliated with any entity or person listed above (any and all parties or persons described in subparts ([a) – (] - [d) ] above are herein referred to as a “Prohibited Person”). Borrower covenants and agrees that neither BorrowerBxxxxxxx, nor any Subsidiary Guarantor nor any of their respective Affiliates will knowingly (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person, or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order No. 13224EO13224. Borrower further covenants and agrees to deliver (from time to time) to Lender any such certification or other evidence as may be requested by Lender Lxxxxx in its sole and absolute discretion, confirming each such representation.

Prohibited Person Compliance. Borrower warrantsBorrowers warrant, represents represent and covenants covenant that neither Borrower nor any Subsidiary nor any of their respective Affiliates affiliates is or will be a Person person (a1) that is listed in the Annex to, or is otherwise subject to the provisions of, Executive Order No. 1322413224 issued on September 24, 2001 (“EO13224”), (b2) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) most current list of “Specifically Designated National and Blocked Persons,” (c3) who commits, threatens to commit or supports “terrorism,” as defined in Executive Order No. 13224EO13224, or (d4) who is otherwise affiliated with any entity or person listed above (any and all parties or persons described in subparts (a1) – through (d4) above are herein referred to as a “Prohibited Person”). Each Borrower covenants and agrees that neither Borrower, nor any Subsidiary Borrower nor any of their respective Affiliates affiliates will knowingly (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services to or for the benefit of a Prohibited Person, or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in Executive Order NoEO13224. 13224. Borrower Borrowers further covenants covenant and agrees agree to deliver (from time to time) to Lender any such certification or other evidence as may be requested by Lender in its sole and absolute discretion, confirming each such representation.. (p)