Common use of Absence of Certain Commercial Practices Clause in Contracts

Absence of Certain Commercial Practices. Neither the Stockholder, the Company nor any Company Subsidiary, nor, to the knowledge of the Stockholder and the Company, any director, officer, agent, employee or other person acting on behalf of the Company or any Company Subsidiary, has: (i) given or agreed to give any gift or similar benefit of more than nominal value to any customer, supplier, or governmental employee or official or any other person who is or may be in a position to help or hinder the Company or any Company Subsidiary or assist the Company or any Company Subsidiary in connection with any proposed transaction, which gift or similar benefit, if not given in the past, might have materially and adversely affected the business or prospects of the Company or any Company Subsidiary, or which, if not continued in the future, might materially and adversely affect the business or prospects of the Company or any Company Subsidiary; or (ii) used any corporate or other funds for unlawful contributions, payments, gifts, or entertainment, or made any unlawful contributions, payments or gifts, or made any unlawful expenditures relating to political activity to government officials or others or established or maintained any unlawful or unrecorded funds in violation of Section 30A of the Exchange Act. Neither the Stockholder, the Company nor any Company Subsidiary, nor, to the knowledge of the Stockholder and the Company, any director, officer, agent, employee or other person acting on behalf of the Company or any Company Subsidiary, has accepted or received any unlawful contributions, payments, gifts or expenditures.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Captech Financial Group, Inc), Stock Purchase Agreement (Qlinks America, Inc.), Stock Purchase Agreement (Captech Financial Group, Inc)

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Absence of Certain Commercial Practices. Neither the Stockholder, the Company Video nor any Company Subsidiaryof its Subsidiaries, nor, to the knowledge of the Stockholder and the CompanyVideo, any director, officer, agent, employee or other person Person acting on behalf of the Company Video or any Company Subsidiaryof its Subsidiaries, has: (i) given or agreed to give any gift or similar benefit of more than nominal value to any customer, supplier, or governmental employee or official or any other person Person who is or may be in a position to help or hinder the Company Video or any Company Subsidiary of its Subsidiaries or assist the Company Video or any Company Subsidiary of its Subsidiaries in connection with any proposed transaction, which gift or similar benefit, if not given in the past, might have materially and adversely affected the business or prospects of the Company Video or any Company Subsidiaryof its Subsidiaries, or which, if not continued in the future, might materially and adversely affect the business or prospects of the Company Video or any Company Subsidiaryof its Subsidiaries; or (ii) used any corporate or other funds for unlawful contributions, payments, gifts, or entertainment, or made any unlawful contributions, payments payments, gifts, or giftsentertainment, or made any unlawful expenditures relating to political activity to government officials or others or established or maintained any unlawful or unrecorded funds in violation of Section 30A of the Exchange Act. Neither the Stockholder, the Company Video nor any Company Subsidiaryof its Subsidiaries, nor, to the knowledge of the Stockholder and the CompanyVideo, any director, officer, agent, employee or other person Person acting on behalf of the Company Video or any Company Subsidiaryof its Subsidiaries, has accepted or received any unlawful contributions, payments, gifts or expenditures.

Appears in 1 contract

Samples: Agreement and Plan of Merger (International Post LTD)

Absence of Certain Commercial Practices. Neither the Stockholder, the Company IPL nor any Company Subsidiaryof its Subsidiaries, nor, to the knowledge of the Stockholder and the CompanyIPL, any director, officer, agent, employee or other person Person acting on behalf of the Company IPL or any Company Subsidiaryof its Subsidiaries, has: (i) given or agreed to give any gift or similar benefit of more than nominal value to any customer, supplier, or governmental employee or official or any other person Person who is or may be in a position to help or hinder the Company IPL or any Company Subsidiary of its Subsidiaries or assist the Company IPL or any Company Subsidiary of its Subsidiaries in connection with any proposed transaction, which gift or similar benefit, if not given in the past, might have materially and adversely affected the business or prospects of the Company IPL or any Company Subsidiaryof its Subsidiaries, or which, if not continued in the future, might materially and adversely affect the business or prospects of the Company IPL or any Company Subsidiaryof its Subsidiaries; or (ii) used any corporate or other funds for unlawful contributions, payments, gifts, or entertainment, or made any unlawful contributions, payments payments, gifts, or giftsentertainment, or made any unlawful expenditures relating to political activity to government officials or others or established or maintained any unlawful or unrecorded funds in violation of Section 30A of the Exchange Act. Neither the Stockholder, the Company IPL nor any Company Subsidiaryof its Subsidiaries, nor, to the knowledge of the Stockholder and the CompanyIPL, any director, officer, agent, employee or other person Person acting on behalf of the Company IPL or any Company Subsidiaryof its Subsidiaries, has accepted or received any unlawful contributions, payments, gifts or expenditures.

Appears in 1 contract

Samples: Agreement and Plan of Merger (International Post LTD)

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Absence of Certain Commercial Practices. Neither the StockholderStockholders, the Company nor any Company Subsidiary, nor, to the knowledge of the Stockholder Stockholders and the Company, any director, officer, agent, employee or other person acting on behalf of the Company or any Company Subsidiary, has: (i) given or agreed to give any gift or similar benefit of more than nominal value to any customer, supplier, or governmental employee or official or any other person who is or may be in a position to help or hinder the Company or any Company Subsidiary or assist the Company or any Company Subsidiary in connection with any proposed transaction, which gift or similar benefit, if not given in the past, might have materially and adversely affected the business or prospects of the Company or any Company Subsidiary, or which, if not continued in the future, might materially and adversely affect the business or prospects of the Company or any Company Subsidiary; or (ii) used any corporate or other funds for unlawful contributions, payments, gifts, or entertainment, or made any unlawful contributions, payments or gifts, or made any unlawful expenditures relating to political activity to government officials or others or established or maintained any unlawful or unrecorded funds in violation of Section 30A of the Exchange Act. Neither the StockholderStockholders, the Company nor any Company Subsidiary, nor, to the knowledge of the Stockholder Stockholders and the Company, any director, officer, agent, employee or other person acting on behalf of the Company or any Company Subsidiary, has accepted or received any unlawful contributions, payments, gifts or expenditures.

Appears in 1 contract

Samples: Share Purchase Agreement (Time Associates, Inc.)

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