Common use of USA PATRIOT Act; OFAC Clause in Contracts

USA PATRIOT Act; OFAC. None of the Borrowers, or any of their Affiliates, is a Prohibited Person and each Borrower is in full compliance with all applicable orders, rules, regulations and recommendations of OFAC. None of the Borrowers or any of their members, directors, executive officers, parents or Subsidiaries: (1) is subject to U.S. or multilateral economic or trade sanctions currently in force; (2) is owned or controlled by, or acts on behalf of, any governments, corporations, entities or individuals that are subject to U.S. or multilateral economic or trade sanctions currently in force; (3) is a Prohibited Person or is otherwise named, identified or described on any blocked persons list, designated nationals list, denied persons list, entity list, debarred party list, unverified list, sanctions list or other list of individuals or entities with whom U.S. Persons may not conduct business, including but not limited to lists published or maintained by OFAC, lists published or maintained by the U.S. Department of Commerce, and lists published or maintained by the U.S. Department of State. Each Borrower has established an anti-money laundering compliance program as required by all applicable anti-money laundering laws and regulations, including, without limitation, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56) (the “USA Patriot Act”) (collectively, the “Anti-Money Laundering Laws”).

USA PATRIOT Act; OFAC. None of the Borrowers, or any Relevant Parties and none of their Affiliates, Affiliates is a Prohibited Person and each Borrower Relevant Party is in full compliance with all applicable orders, rules, regulations and recommendations of OFAC. None of the Borrowers or any Relevant Parties and none of their members, directors, executive officers, parents or Subsidiaries: (1) is subject to U.S. or multilateral economic or trade sanctions currently in force; (2) is owned or controlled by, or acts act on behalf of, any governments, corporations, entities or individuals that are subject to U.S. or multilateral economic or trade sanctions currently in force; (3) is a Prohibited Person or is otherwise named, identified or described on any blocked persons list, designated nationals list, denied persons list, entity list, debarred party list, unverified list, sanctions list or other list of individuals or entities with whom U.S. Persons persons may not conduct business, including but not limited to lists published or maintained by OFAC, lists published or maintained by the U.S. Department of Commerce, and lists published or maintained by the U.S. Department of State. Each Borrower Relevant Party has established an anti-money laundering compliance program as required by all applicable anti-money laundering laws and regulations, including, including without limitation, limitation the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56) (the “USA Patriot Act”) (collectively, the “Anti-Money Laundering Laws”). Lender hereby notifies each Relevant Party that Lender is required by the Patriot Act to obtain, verify and record information that identifies each Relevant Party.

USA PATRIOT Act; OFAC. None of the Borrowers, or No Seller Party nor Servicer nor any of their Affiliates, its Affiliates is a Prohibited Person and each Borrower Seller Party and Servicer is in full compliance with all applicable orders, rules, regulations and recommendations of OFAC. None of the Borrowers or No Seller Party nor Servicer nor any of their its respective members, directors, executive officers, parents or Subsidiaries: (1) is subject to U.S. or multilateral economic or trade sanctions currently in force; (2) is owned or controlled by, or acts act on behalf of, any governments, corporations, entities or individuals that are subject to U.S. or multilateral economic or trade sanctions currently in force; (3) is a Prohibited Person or is otherwise named, identified or described on any blocked persons list, designated nationals list, denied persons list, entity list, debarred party list, unverified list, sanctions list or other list of individuals or entities with whom U.S. Persons persons may not conduct business, including but not limited to lists published or maintained by OFAC, lists published or maintained by the U.S. Department of Commerce, and lists published or maintained by the U.S. Department of State. Each Borrower Seller Party and Servicer has established an anti-money laundering compliance program as required by all applicable anti-money laundering laws and regulations, including, including without limitation, limitation the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56) (the “USA Patriot Act”) (collectively, the “Anti-Money Laundering Laws”).

USA PATRIOT Act; OFAC. None of the BorrowersSeller, Guarantor or any of their Affiliates, Affiliates is a Prohibited Person and each Borrower is Seller and Guarantor are in full compliance with all applicable orders, rules, regulations and recommendations of OFAC. None of the Borrowers Seller, Guarantor or any of their respective members, directors, executive officers, parents or Subsidiaries: (1) is subject to U.S. or multilateral economic or trade sanctions currently in force; (2) is owned or controlled by, or acts act on behalf of, any governments, corporations, entities or individuals that are subject to U.S. or multilateral economic or trade sanctions currently in force; (3) is a Prohibited Person or is otherwise named, identified or described on any blocked persons list, designated nationals list, denied persons list, entity list, debarred party list, unverified list, sanctions list or other list of individuals or entities with whom U.S. Persons persons may not conduct business, including but not limited to lists published or maintained by OFAC, lists published or maintained by the U.S. Department of Commerce, and lists published or maintained by the U.S. Department of State. Each Borrower has Seller and Guarantor have established an anti-money laundering compliance program as required by all applicable anti-money laundering laws and regulations, including, without limitation, the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56) (the “USA Patriot Act”) (collectively, the “Anti-Money Laundering Laws”). (e) Section 13(a) of the Agreement is hereby amended by replacing each occurrence of “Seller” in each of clauses (i), (ii) and (iii) with “Guarantor”. (f) Section 13(a) of the Agreement is further amended by replacing the reference of “ninety (90)” in clause (iii) with “one hundred twenty (120)”. (g) Section 13(a) of the Agreement is further amended by replacing each occurrence of “Seller” in clause (xii) with “Seller or Guarantor”. (h) Section 13(a) of the Agreement is further amended by replacing each occurrence of “Seller” in clause (xv) with “Seller or Guarantor”. (i) Section 13(p) of the Agreement is hereby amended to read in its entirety as follows:

USA PATRIOT Act; OFAC. None of the Borrowers, or any Relevant Parties and none of their Affiliates, Affiliates is a Prohibited Person and each Borrower Relevant Party is in full compliance with all applicable orders, rules, regulations and recommendations of OFAC. None of the Borrowers or any Relevant Parties and none of their members, directors, executive officers, parents or Subsidiaries: (1) is subject to U.S. or multilateral economic or trade sanctions currently in force; (2) is owned or controlled by, or acts act on behalf of, any governments, corporations, entities or individuals that are subject to U.S. or multilateral economic or trade sanctions currently in force; (3) is a Prohibited Person or is otherwise named, identified or described on any blocked persons list, designated nationals list, denied persons list, entity list, debarred party list, unverified list, sanctions list or other list of individuals or entities with whom U.S. Persons persons may not conduct business, including but not limited to lists published or maintained by OFAC, lists published or maintained by the U.S. Department of Commerce, and lists published or maintained by the U.S. Department of State. Each Borrower has established an anti-money laundering compliance program as required by all applicable anti-money laundering laws and regulations, including, including without limitation, limitation the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56) (the “USA Patriot Act”) (collectively, the “Anti-Money Laundering Laws”). Lender hereby notifies Borrower that Lender is required by the Patriot Act to obtain, verify and record information that identifies Borrower.

USA PATRIOT Act; OFAC. None of the Borrowers, or any Loan Parties and none of their Affiliates, Affiliates is a Prohibited Person and at the time of the applicable Eligible Property Owner entered into or renewed a Lease Agreement with each Borrower Tenant, no such Tenant was a Prohibited Person. Each Loan Party is in full compliance with all applicable orders, rules, regulations and recommendations of OFAC. None of the Borrowers or any Loan Parties and none of their members, directors, executive officers, parents or SubsidiariesSubsidiaries at the time of the applicable Eligible Property Owner entered into or renewed a Lease Agreement with each Tenant, no such Tenant: (1) is subject to U.S. or multilateral economic or trade sanctions currently in force; (2) is owned or controlled by, or acts act on behalf of, any governments, corporations, entities or individuals that are subject to U.S. or multilateral economic or trade sanctions currently in force; (3) is a Prohibited Person or is otherwise named, identified or described on any blocked persons list, designated nationals list, denied persons list, entity list, debarred party list, unverified list, sanctions list or other list of individuals or entities with whom U.S. Persons persons may not conduct business, including but not limited to lists published or maintained by OFACthe OFAC List, lists published or maintained by the U.S. Department of Commerce, and lists published or maintained by the U.S. Department of State. Each Borrower has established an anti-money laundering compliance program as required by all applicable anti-money laundering laws and regulations, including, including without limitation, limitation the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56) (the “USA Patriot Act”) (collectively, the “Anti-Money Laundering Laws”). Administrative Agent and each Lender hereby notifies Borrower that it may be required by the Patriot Act to obtain, verify and record information that identifies Borrower.