Common use of Sanctions, Etc Clause in Contracts

Sanctions, Etc. (a) No Affected Person with respect to such Borrower is, or is owned or controlled by Persons that are: (i) the subject or target of any sanctions administered or enforced by OFAC, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, or other relevant sanctions authority (collectively, “Sanctions”), or (ii) located, organized or resident in a country, region or territory that is, or whose government is, the subject of Sanctions, including, as of the Effective Date, Crimea, Cuba, Iran, North Korea, Sudan and Syria. (b) No Affected Person with respect to such Borrower or any Person that owns or controls (directly or indirectly) such Borrower or receives (directly or indirectly) any proceeds of any Loan (i) conducts any business or engages in making or receiving any contribution of goods, services or money to or for the benefit of any Sanctioned Person or in any Sanctioned Jurisdiction in violation of Sanctions, (ii) deals in, or otherwise engages in any transaction related to, any property or interests in property blocked pursuant to any Anti-Terrorism Law, (iii) 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 prohibitions set forth in any Anti-Terrorism Law, or (iv) has violated any Anti-Terrorism Law. (c) No Affected Person with respect to such Borrower or any Person that owns or controls (directly or indirectly) such Borrower, or receives (directly or indirectly) any proceeds of any Loan (i) has engaged in any transaction, investment, undertaking or activity that conceals the identity, source or destination of the proceeds from any category of prohibited offenses designated by the Organization for Economic Co-operation and Development’s Financial Action Task Force on Money Laundering, or (ii) otherwise violated any applicable law regarding money laundering. (d) Each Affected Person with respect to such Borrower is in compliance with the FCPA and each foreign counterpart thereof. No such Affected Person has made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (i) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (ii) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (iii) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to any such Affected Person or any other Person in violation of the FCPA. (e) Such Borrower has implemented and maintains, and is in compliance with, policies and procedures designed to promote and achieve compliance by each Affected Person with respect to such Borrower with all applicable laws regarding Sanctions and money laundering, Anti-Terrorism Laws and Anti-Corruption Laws. Notwithstanding the foregoing, the representations and warranties in this Section 4.15 are made to such Borrower’s knowledge as it relates to Persons other than such Borrower, the Company, the Fund comprising such Borrower, and any subsidiary of the Company.

Sanctions, Etc. (a) No Affected None of the Borrower, any of its subsidiaries or any director, officer, or, to Bxxxxxxx’s knowledge, employee, agent, or affiliate of the Borrower (other than another portfolio company of the Investment Adviser) or any of its subsidiaries is a Person with respect to such Borrower that is, or is owned or controlled by Persons that are: (i) the subject or target of any sanctions administered or enforced by OFAC, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, or other relevant sanctions authority (collectively, “Sanctions”), or (ii) located, organized or resident in a country, region or territory that is, or whose government is, the subject of Sanctions, including, as of the Effective Date, Crimeawithout limitation, Cuba, Iran, North Korea, Sudan Sudan, Crimea and Syria. (b) No Affected Person with respect to such Borrower or any Person that owns or controls (directly or indirectly) such Borrower the Borrower, or any Person that receives (directly or indirectly) any proceeds of any Loan (i) conducts any business or engages in making or receiving any contribution of goods, services or money to or for the benefit of any Sanctioned Person or in any Sanctioned Jurisdiction in violation of SanctionsJurisdiction, (ii) deals in, or otherwise engages in any transaction related to, any property or interests in property blocked pursuant to any Anti-Terrorism Law, (iii) 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 prohibitions set forth in any Anti-Terrorism Law, or (iv) has violated any Anti-Terrorism Law. (c) No Affected Person with respect to such Borrower or any Person that owns or controls (directly or indirectly) such the Borrower, or any Person that receives (directly or indirectly) any proceeds of any Loan (i) has engaged in any transaction, investment, undertaking or activity that conceals the identity, source or destination of the proceeds from any category of prohibited offenses designated by the Organization for Economic Co-operation and Development’s Financial Action Task Force on Money Laundering, or (ii) otherwise violated any applicable law regarding money launderinglaundering in any material respect. (d) Each Affected Person with respect to such The Borrower and each subsidiary thereof is in material compliance with the FCPA FCPA, and each foreign counterpart thereof. No such Affected Person Neither the Borrower nor any subsidiary thereof has made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (i) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (ii) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (iii) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to any such Affected Person the Borrower or any other Person in violation of the FCPA. (e) Such The Borrower and each Subsidiary thereof has implemented and maintains, and is in compliance with, policies and procedures designed to promote and achieve compliance by each Affected Person with respect to such Borrower with all applicable laws regarding Sanctions and money laundering, Anti-Terrorism Laws and Anti-Corruption Laws. Notwithstanding the foregoing, the representations and warranties in this Section 4.15 are made to such Borrower’s knowledge as it relates to Persons other than such Borrower, the Company, the Fund comprising such Borrower, and any subsidiary of the Company.

Sanctions, Etc. (a) No Affected Person with respect to such Borrower is, or is individually or in the aggregate owned 50% or controlled more by Persons that are: (i) the subject or target of any economic sanctions administered or enforced by OFAC, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, or other relevant sanctions authority (collectively, “Sanctions”), or (ii) located, organized or resident in a country, region or territory that is, or whose government is, the subject of Sanctions, including, as of the Effective Date, Crimea, Cuba, Iran, North Korea, Sudan and SyriaSanctioned Jurisdiction. (b) No Affected Person with respect to such Borrower or any Person that owns 50% or controls more (directly or indirectly) such of the Borrower or receives (directly or indirectly) any proceeds of any Loan (i) conducts any business or engages in making or receiving any contribution of goods, services or money to or for the benefit of any Sanctioned Person or in any Sanctioned Jurisdiction Jurisdiction, in violation of Sanctions, applicable law or (ii) deals in, or otherwise engages in any transaction related to, any property or interests in property blocked pursuant to any Anti-Terrorism Law, (iii) 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 prohibitions set forth in any Anti-Terrorism Law, or (iv) has violated any Anti-Terrorism LawSanctions in any respect. (c) No Affected Person with respect to such Borrower or any Person that owns 50% or controls more (directly or indirectly) such of the Borrower, or receives (directly or indirectly) any proceeds of any Loan (i) has engaged in any transaction, investment, undertaking or activity that conceals the identity, source or destination of the proceeds from any category of prohibited offenses designated by the Organization for Economic Co-operation and Development’s Financial Action Task Force on Money Laundering, or (ii) otherwise violated any applicable law regarding money laundering. (d) Each Affected Person with respect The Borrower, its directors and officers, and to such Borrower is the knowledge of the Borrower, its employees and agents, are in material compliance with the FCPA and each relevant foreign counterpart thereof. No such Affected Person has , and to the knowledge of the Borrower, the Borrower, its directors, officers, employees, and agents have not made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value in violation of the FCPA, including paying, offering to pay or promising to pay money or anything of value (i) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (ii) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (iii) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to any such Affected Person the Borrower or any other Person in violation of the FCPAPerson. (e) Such The Borrower has implemented and maintains, and is in compliance with, maintains policies and procedures reasonably designed to promote and achieve compliance by each Affected Person with respect to such Borrower with all applicable laws regarding Sanctions and Sanctions, money laundering, Anti-Terrorism Laws and Anti-Corruption Laws. Notwithstanding the foregoing, the representations and warranties in this Section 4.15 are made to such Borrower’s knowledge as it relates to Persons other than such Borrower, the Company, the Fund comprising such Borrower, and any subsidiary of the Company.

Sanctions, Etc. (a) No Affected Person with respect to such Borrower is, or is owned or controlled by Persons that are: (i) the subject or target of any sanctions administered or enforced by OFAC, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, or other relevant sanctions authority (collectively, “Sanctions”), or (ii) located, organized or resident in a country, region or territory that is, or whose government is, the subject of Sanctions, including, as of the Effective Date, Crimea, Cuba, Iran, North Korea, Sudan and Syria, so as to result in a violation of Sanctions. (b) No Affected Person with respect to such Borrower or any Person that owns or controls (directly or indirectly) such Borrower or receives (directly or indirectly) any proceeds of any Loan (i) conducts any business or engages in making or receiving any contribution of goods, services or money to or for the benefit of any Sanctioned Person or in any Sanctioned Jurisdiction in violation of SanctionsJurisdiction, (ii) deals in, or otherwise engages in any transaction related to, any property or interests in property blocked pursuant to any Anti-Terrorism Law, (iii) 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 prohibitions set forth in any Anti-Terrorism Law, or (iv) has violated any Anti-Terrorism Law. (c) No Affected Person with respect to such Borrower or any Person that owns or controls (directly or indirectly) such Borrower, or receives (directly or indirectly) any proceeds of any Loan (i) has engaged in any transaction, investment, undertaking or activity that conceals the identity, source or destination of the proceeds from any category of prohibited offenses designated by the Organization for Economic Co-operation and Development’s Financial Action Task Force on Money Laundering, or (ii) otherwise violated any applicable law regarding money laundering. (d) Each Affected Person with respect to such Borrower is in compliance with the FCPA and each foreign counterpart thereof. No such Affected Person has made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (i) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (ii) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (iii) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to any such Affected Person or any other Person in violation of the FCPA. (e) Such Borrower has implemented and maintains, and is in compliance with, policies and procedures designed to promote and achieve compliance by each Affected Person with respect to such Borrower with all applicable laws regarding Sanctions and money laundering, Anti-Terrorism Laws and Anti-Corruption Laws. . (f) Notwithstanding the foregoing, the representations and warranties in this Section 4.15 with respect to Affiliated Persons who are independent trustees or directors, or non-executive employees, are made to such Borrower’s knowledge as it relates to Persons other than such Borrower, the Company, the Fund comprising such Borrower, and any subsidiary of the Companyknowledge.

Sanctions, Etc. (a) No Affected Person with respect to such Borrower is, or is owned or controlled by Persons that are: (i) the subject or target of any sanctions administered or enforced by OFAC, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, or other relevant sanctions authority (collectively, “Sanctions”), or (ii) located, organized or resident in a country, region or territory that is, or whose government is, the subject of Sanctions, including, as of the Effective Datedate of this Credit Agreement, Crimea, Cuba, Iran, North Korea, Sudan and Syria. (b) No Affected Person with respect to such Borrower or any Person that owns or controls (directly or indirectly) such the Company or the Borrower or receives (directly or indirectly) any proceeds of any Loan (i) conducts any business or engages in making or receiving any contribution of goods, services or money to or for the benefit of any Sanctioned Person or in any Sanctioned Jurisdiction in violation of SanctionsJurisdiction, (ii) deals in, or otherwise engages in any transaction related to, any property or interests in property blocked pursuant to any Anti-Terrorism Law, (iii) 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 prohibitions set forth in any Anti-Terrorism Law, or (iv) has violated any Anti-Terrorism Law. (c) No Affected Person with respect to such Borrower or any Person that owns or controls (directly or indirectly) such the Company or the Borrower, or receives (directly or indirectly) any proceeds of any Loan (i) has engaged in any transaction, investment, undertaking or activity that conceals the identity, source or destination of the proceeds from any category of prohibited offenses designated by the Organization for Economic Co-operation and Development’s Financial Action Task Force on Money Laundering, or (ii) otherwise violated any applicable law regarding money laundering. (d) Each Affected Person with respect to such Borrower The Company, each subsidiary thereof and each Series is in compliance with the FCPA and each foreign counterpart thereof. No such Affected Person Neither the Company, any subsidiary thereof nor any Series has made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (i) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (ii) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (iii) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to the Company or to any such Affected Person subsidiary thereof or any Series, or any other Person Person, in violation of the FCPA. (e) Such Borrower Each Affected Person is in compliance with all applicable Sanctions in all material aspects. The Company, each subsidiary thereof and each Series has implemented and maintains, and is in compliance with, policies and procedures designed to promote and achieve compliance by each Affected Person with respect to such Borrower with all applicable laws regarding Sanctions and money laundering, Anti-Terrorism Laws and Anti-Corruption Laws. Notwithstanding the foregoing, the representations and warranties in this Section 4.15 are made to such Borrower’s knowledge as it relates to Persons other than such Borrower, the Company, the Fund comprising such Borrower, and any subsidiary of the Company.

Sanctions, Etc. (a) No Affected None of the Borrower, any of its subsidiaries or any director, officer, or, to Xxxxxxxx’s knowledge, employee, agent, or affiliate of the Borrower (other than another portfolio company of the Investment Adviser) or any of its subsidiaries is a Person with respect to such Borrower that is, or is owned or controlled by Persons that are: (i) the subject or target of any sanctions administered or enforced by OFAC, the U.S. Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury, or other relevant sanctions authority (collectively, “Sanctions”), or (ii) located, organized or resident in a country, region or territory that is, or whose government is, the subject of Sanctions, including, as of the Effective Date, Crimeawithout limitation, Cuba, Iran, North Korea, Sudan Crimea and Syria. (b) No Affected Person with respect to such Borrower or any Person that owns or controls (directly or indirectly) such Borrower the Borrower, or any Person that receives (directly or indirectly) any proceeds of any Loan (i) conducts any business or engages in making or receiving any contribution of goods, services or money to or for the benefit of any Sanctioned Person or in any Sanctioned Jurisdiction in violation of SanctionsJurisdiction, (ii) deals in, or otherwise engages in any transaction related to, any property or interests in property blocked pursuant to any Anti-Terrorism Law, (iii) 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 prohibitions set forth in any Anti-Terrorism Law, or (iv) has violated any Anti-Terrorism Law. (c) No Affected Person with respect to such Borrower or any Person that owns or controls (directly or indirectly) such the Borrower, or any Person that receives (directly or indirectly) any proceeds of any Loan (i) has engaged in any transaction, investment, undertaking or activity that conceals the identity, source or destination of the proceeds from any category of prohibited offenses designated by the Organization for Economic Co-operation and Development’s Financial Action Task Force on Money Laundering, or (ii) otherwise violated any applicable law regarding money launderinglaundering in any material respect. (d) Each Affected Person with respect to such The Borrower and each subsidiary thereof is in material compliance with the FCPA FCPA, and each foreign counterpart thereof. No such Affected Person Neither the Borrower nor any subsidiary thereof has made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (i) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (ii) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (iii) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to any such Affected Person the Borrower or any other Person in violation of the FCPA. (e) Such The Borrower and each Subsidiary thereof has implemented and maintains, and is in compliance with, policies and procedures designed to promote and achieve compliance by each Affected Person with respect to such Borrower with all applicable laws regarding Sanctions and money laundering, Anti-Terrorism Laws and Anti-Corruption Laws. Notwithstanding the foregoing, the representations and warranties in this Section 4.15 are made to such Borrower’s knowledge as it relates to Persons other than such Borrower, the Company, the Fund comprising such Borrower, and any subsidiary of the Company.