Common use of Questionable Payments Clause in Contracts

Questionable Payments. Neither the Company nor any of its Subsidiaries, nor, to the Company’s Knowledge, any of their respective current or former directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary of the Company, has on behalf of the Company or any Subsidiary of the Company or in connection with its business: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of law; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the Company; (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 2 contracts

Sources: Note Purchase Agreement (Argos Therapeutics Inc), Securities Purchase Agreement (Argos Therapeutics Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries, Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary of the Company, has on behalf of the Company or any Subsidiary of the Company or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the Company; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 2 contracts

Sources: Purchase Agreement (Aldeyra Therapeutics, Inc.), Purchase Agreement (Aldeyra Therapeutics, Inc.)

Questionable Payments. Neither the Company nor any of its Subsidiaries, Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary of the CompanySubsidiary, has on behalf of the Company or any Subsidiary or in connection with the respective businesses of the Company or in connection with its businessany Subsidiary: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the CompanySubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 2 contracts

Sources: Purchase Agreement (Remark Media, Inc.), Purchase Agreement (Remark Media, Inc.)

Questionable Payments. Neither the Company Borrower nor any of its Subsidiaries, Subsidiaries nor, to the CompanyBorrower’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents agents, or other Persons acting on behalf of the Company Borrower or any Subsidiary of the CompanySubsidiary, has on behalf of the Company Borrower or any Subsidiary of the Company or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment entertainment, or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company Borrower or any Subsidiary of the CompanySubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback kickback, or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 2 contracts

Sources: Interim Loan Agreement, Interim Loan Agreement (Enable Holdings, Inc.)

Questionable Payments. Neither the Company nor any of its Subsidiaries, Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former shareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary of the Companyits Subsidiaries, has on behalf of the Company or any Subsidiary of the Company its Subsidiaries or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the Companyits Subsidiaries; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 2 contracts

Sources: Merger Agreement (Sphere 3D Corp), Merger Agreement (Overland Storage Inc)

Questionable Payments. Neither the Company Buyer nor any of its Subsidiaries, Subsidiaries nor, to the CompanyBuyer’s Knowledge, any of their respective current or former shareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company Buyer or any Subsidiary of the Companyits Subsidiaries, has on behalf of the Company Buyer or any Subsidiary of the Company its Subsidiaries or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company Buyer or any Subsidiary of the Companyits Subsidiaries; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Sources: Acquisition Agreement (Overland Storage Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries, Subsidiaries nor, to the Company’s Knowledge's knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary of the CompanySubsidiary, has on behalf of the Company or any Subsidiary of the Company or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the CompanySubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Sources: Securities Purchase Agreement (Hudson Holding Corp)

Questionable Payments. Neither the Company nor any of its Subsidiaries, Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary of the CompanySubsidiary, has has, since January 1, 2002, on behalf of the Company or any Subsidiary of the Company or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the CompanySubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Sources: Purchase Agreement (Visual Networks Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries, nor, to the Company’s KnowledgeKnowledge of the Sellers, any of their respective current or former the Company’s directors, officers, employeespersons holding similar positions to directors or officers, agents agents, employees or any other Persons person or entity acting on behalf of the Company or any Subsidiary of the Companyhas, has on behalf of the Company or any Subsidiary of the Company or in connection with its businessCompany: (ai) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; , (bii) made any direct or indirect unlawful payments to any governmental government officials or employees employees, or foreign government officials or employees, from corporate funds; , (ciii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of law; assets, (div) made any false or fictitious entries on the books and records of account of the Company for the purpose of disguising any unlawful contributions, gifts, expenses or any Subsidiary of the Company; payments, or (ev) made or received any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amendedpayment.

Appears in 1 contract

Sources: Stock Purchase Agreement (Pfsweb Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries, nor their respective directors, officers or employees nor, to the Company’s 's Knowledge, any of their respective current or former directors, officers, employeesstockholders, agents or other Persons acting on behalf of the Company or any Subsidiary of the CompanySubsidiary, has on behalf of the Company or any Subsidiary of the Company or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the CompanySubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Sources: Purchase Agreement (PharmaFrontiers Corp.)

Questionable Payments. Neither the Company Issuer nor any of its Subsidiaries, Subsidiaries nor, to the Company’s Issuer's Knowledge, any of their respective current or former shareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company Issuer or any Subsidiary of the CompanySubsidiary, has on behalf of the Company Issuer or any Subsidiary of the Company or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company Issuer or any Subsidiary of the CompanySubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Sources: Subscription Agreement (Citadel Security Software Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries, Subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former shareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary of the Companyits Subsidiaries, has on behalf of the Company or any Subsidiary of the Company its Subsidiaries or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the Companyits Subsidiaries; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Sources: Merger Agreement (Sphere 3D Corp)