Common use of Foreign Assets Clause in Contracts

Foreign Assets. Neither the Company nor any Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employee or affiliate of the Company or any Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds, to any Subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Zalicus Inc.), Underwriting Agreement (Dynavax Technologies Corp), Equity Distribution Agreement (Zalicus Inc.)

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Foreign Assets. Neither None of the Company nor any Subsidiary noror, to the knowledge of the Company, any director, officer, agent, employee or affiliate of the Company or any Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds, to any Subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Underwriting Agreement (Cardica Inc), Underwriting Agreement (Cardica Inc)

Foreign Assets. Neither None of the Company nor any Subsidiary norCompany, the Subsidiary, or, to the knowledge of the Company, any director, officer, agent, employee or affiliate of the Company or any the Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds, to any Subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 1 contract

Samples: Underwriting Agreement (AxoGen, Inc.)

Foreign Assets. Neither the The Company nor any Subsidiary noris not and, to the knowledge of the Company, any no director, officer, agent, employee or affiliate of the Company or any Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds, to any Subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 1 contract

Samples: Equity Distribution Agreement (Anacor Pharmaceuticals Inc)

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Foreign Assets. Neither the Company nor any the Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employee or affiliate of the Company or any the Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds, to any the Subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 1 contract

Samples: Equity Distribution Agreement (Dynavax Technologies Corp)

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