Common use of Certain Acts Clause in Contracts

Certain Acts. Neither the Company, nor any of its Subsidiaries, nor any of their former or current officers or directors (or equivalent positions), current employees, current agents or current representatives has, directly or indirectly, (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any person, private or public, regardless of form, whether in money, property, or services, that was unlawful or in violation of the policies or procedures of the Company or any customer or vendor of the Company or any of its Subsidiaries (i) to obtain favorable treatment in securing and maintaining business or any Company Authorizations, (ii) to pay for favorable treatment for business secured, or (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any of its Subsidiaries or affiliates, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 2 contracts

Sources: Merger Agreement (Trilogy, Inc.), Merger Agreement (Versata Inc)