Common use of Propriety of Past Payments Clause in Contracts

Propriety of Past Payments. No unrecorded fund or asset of Seller has been established for any purpose. No accumulation or use of company funds of Seller has been made without being properly accounted for in the books and records of Seller. No payment has been made by or on behalf of Seller with the understanding that any part of such payment is to be used for any purpose other than that described in the documents supporting such payment. Neither Seller, nor any officer, director, manager, employee or agent of Seller or other Person associated with or acting for or on behalf of Seller, has, directly or indirectly, offered, promised, authorized or made any illegal contribution, gift, bribe, rebate, payoff, influence payment, kickback or other payment to any Person, private or public, regardless of form, whether in money, property or services to (i) influence an act or decision of any Governmental Authority (including a decision not to act); (ii) induce such a Person to use his or her influence to affect any Governmental Authority’s act or decision; (iii) obtain favorable treatment for Seller or any Affiliate of Seller in securing business; (iv) pay for favorable treatment for business secured for Seller or any Affiliate of Seller; (v) obtain special concessions (or for special concessions already obtained); or (vi) otherwise benefit Seller in violation of any Law (including the United States Foreign Corrupt Practices Act). Neither Seller, nor any officer, director, manager, employee, agent or other Person acting on behalf of Seller, has (A) used funds for unlawful contributions, gifts, entertainment or other unlawful expenses related to political activity or (B) accepted or received any unlawful contribution, payment, gift, kickback, expenditure or other item of value. No officer, director, manager, employee, agent or other Person acting on behalf of Seller is a government official, a political party or a candidate for political office. Seller does not have any undisclosed sub-agents, sub-contractors, or other third parties acting on its behalf. None of Seller, any Member, or any officer, director, manager, employee, consultant, agent or other Person acting on behalf of Seller has been convicted of or pleaded guilty to an offense involving fraud, corruption, or moral turpitude in any jurisdiction.

Propriety of Past Payments. No unrecorded fund or asset of Seller the Company has been established for any purpose. No material accumulation or use of company funds of Seller the Company has been made without being properly accounted for in the books and records of Sellerthe Company. No payment has been made by or on behalf of Seller the Company with the understanding that any part of such payment is to be used for any purpose other than that described in the documents supporting such payment. Neither Sellerthe Company, nor any officer, director, manager, employee or agent of Seller the Company or other Person associated with or acting for or on behalf of Sellerthe Company, has, directly or indirectly, offered, promised, authorized or made any illegal contribution, gift, bribe, rebate, payoff, influence payment, kickback or other payment to any Person, private or public, regardless of form, whether in money, property or services to (i) influence an act or decision of any Governmental Authority (including a decision not to act); (ii) induce such a Person to use his or her influence to affect any Governmental Authority’s act or decision; (iii) obtain favorable treatment for Seller the Company or any Affiliate of Seller the Company in securing business; (iv) pay for favorable treatment for business secured for Seller the Company or any Affiliate of Sellerthe Company; (v) obtain special concessions (or for special concessions already obtained)) for the Company or any Affiliate of the Company; or (vi) otherwise benefit Seller the Company in violation of any Law (including the United States Foreign Corrupt Practices Act). Neither Sellerthe Company, nor any officer, director, manager, employee, agent or other Person acting on behalf of Sellerthe Company, has (A) used funds for unlawful contributions, gifts, entertainment or other unlawful expenses related to political activity or (B) accepted or received any unlawful contribution, payment, gift, kickback, expenditure or other item of value. No officer, director, manager, employee, agent or other Person acting on behalf of Seller the Company is a government official, a political party or a candidate for political office. Seller The Company does not have any undisclosed sub-agents, sub-contractors, or other third parties acting on its behalf. None of SellerNeither the Company nor, to the Company’s Knowledge, any Memberequityholder, or any officer, director, manager, employee, consultant, agent or other Person acting on behalf of Seller the Company has been convicted of or pleaded guilty to an offense involving fraud, corruption, or moral turpitude in any jurisdiction.

Propriety of Past Payments. No unrecorded fund or asset of Seller has been established for any purpose. No accumulation or use of company funds of Seller has been made without being properly accounted for in the books and records of Seller. No payment has been made by or on behalf of Seller with the understanding that any part of such payment is to be used for any purpose other than that described in the documents supporting such payment. Neither Seller, nor any officer, director, manager, employee or agent of Seller or other Person associated with or acting for or on behalf of Seller, has, directly or indirectly, offered, promised, authorized or made any illegal contribution, gift, bribe, rebate, payoff, influence payment, kickback or other payment to any Person, private or public, regardless of form, whether in money, property or services to (i) influence an act or decision of any Governmental Authority (including a decision not to act); (ii) induce such a Person to use his or her influence to affect any Governmental Authority’s act or decision; (iii) obtain favorable treatment for Seller or any Affiliate of Seller in securing business; (iv) pay for favorable treatment for business secured for Seller or any Affiliate of Seller; (v) obtain special concessions (or for special concessions already obtained); or (vi) otherwise benefit Seller in violation of any Law (including the United States Foreign Corrupt Practices Act). Neither Seller, nor any officer, director, manager, employee, agent or other Person acting on behalf of Seller, has (A) used funds for unlawful contributions, gifts, entertainment or other unlawful expenses related to political activity or (B) accepted or received any unlawful contribution, payment, gift, kickback, expenditure or other item of value. No officer, director, manager, employee, agent or other Person acting on behalf of Seller is a government official, a political party or a candidate for political office. Seller does not have any undisclosed sub-agents, sub-contractors, or other third parties acting on its behalf. None of SellerNeither Seller nor any equityholder, any Member, or any officer, director, manager, employee, consultant, agent or other Person acting on behalf of Seller has been convicted of or pleaded guilty to an offense involving fraud, corruption, or moral turpitude in any jurisdiction.

Propriety of Past Payments. No unrecorded fund or asset of either Seller has been established for any purpose. No accumulation or use of company funds of either Seller has been made without being properly accounted for in the books and records of Seller. No payment has been made by or on behalf of either Seller with the understanding that any part of such payment is to be used for any purpose other than that described in the documents supporting such payment. Neither Seller, nor any officer, director, manager, employee or agent of either Seller or other Person associated with or acting for or on behalf of either Seller, has, directly or indirectly, offered, promised, authorized or made any illegal contribution, gift, bribe, rebate, payoff, influence payment, kickback or other payment to any Person, private or public, regardless of form, whether in money, property or services to (i) influence an act or decision of any Governmental Authority (including a decision not to act); (ii) induce such a Person to use his or her influence to affect any Governmental Authority’s act or decision; (iii) obtain favorable treatment for either Seller or any Affiliate of either Seller in securing business; (iv) pay for favorable treatment for business secured for either Seller or any Affiliate of either Seller; (v) obtain special concessions (or for special concessions already obtained); or (vi) otherwise benefit either Seller in violation of any Law (including the United States Foreign Corrupt Practices Act). Neither Seller, nor any officer, director, manager, employee, agent or other Person acting on behalf of such Seller, has (A) used funds for unlawful contributions, gifts, entertainment or other unlawful expenses related to political activity or (B) accepted or received any unlawful contribution, payment, gift, kickback, expenditure or other item of value. No officer, director, manager, employee, agent or other Person acting on behalf of either Seller is a government official, a political party or a candidate for political office. Each Seller does not have any undisclosed sub-agents, sub-contractorssubcontractors, or other third parties acting on its behalf. None of Neither Seller, any Memberthe Equityholder, or nor any officer, director, manager, employee, consultant, agent or other Person acting on behalf of either Seller has been convicted of or pleaded guilty to an offense involving fraud, corruption, or moral turpitude in any jurisdiction.