Common use of Certain Business Practices Clause in Contracts

Certain Business Practices. As of the date hereof, neither the Company nor any of its Subsidiaries nor any director, officer, employee or agent of the Company or any of its Subsidiaries has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful payments relating to political activity, (ii) made any unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political party or campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, (iii) consummated any transaction, made any payment, entered into any agreement or arrangement or taken any other action in violation of Section 1128B(b) of the Social Security Act, as amended, or (iv) made any other unlawful payment.

Appears in 46 contracts

Samples: Agreement and Plan of Merger (CNL Income Fund Vi LTD), Agreement and Plan of Merger (CNL Income Fund Xiv LTD), Agreement and Plan of Merger (U S Restaurant Properties Inc)

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Certain Business Practices. As of the date hereof, neither Neither the Company nor any of its Subsidiaries nor any director, officer, employee or agent of the Company or any of its Subsidiaries has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful payments relating to political activity, (ii) made any unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political party or campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, (iii) consummated any transaction, made any payment, entered into any agreement or arrangement or taken any other action in violation of Section 1128B(b) of the Social Security Act, as amended, or (iv) made any other unlawful paymentpayment except for the foregoing matters that are not material in any respect to the Company.

Appears in 7 contracts

Samples: Acquisition Agreement (Alloy Inc), Agreement and Plan of Merger (Netscape Communications Corp), Agreement and Plan of Merger (Barksdale James L)

Certain Business Practices. As of Neither the date hereofCompany, neither the Company nor any of its Subsidiaries nor any director, officer, employee or agent of the Company or any its Subsidiaries acting on behalf of the Company or its Subsidiaries has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful payments relating to political activity, (iib) made any unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political party or campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, (iiic) consummated any transaction, made any payment, entered into any agreement or arrangement or taken any other action in violation of Section 1128B(b) of the Social Security Act, as amended, or (ivd) made any other unlawful payment.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Cell Pathways Inc /De), Agreement and Plan of Merger (Osi Pharmaceuticals Inc)

Certain Business Practices. As of the date hereof, neither the Company CNLRP nor any of its Subsidiaries nor any director, officer, employee or agent of the Company CNLRP or any of its Subsidiaries has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful payments relating to political activity, (ii) made any unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political party or campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, (iii) consummated any transaction, made any payment, entered into any agreement or arrangement or taken any other action in violation of Section 1128B(b) of the Social Security Act, as amended, or (iv) made any other unlawful payment.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (CNL Restaurant Properties Inc), Agreement and Plan of Merger (U S Restaurant Properties Inc)

Certain Business Practices. As of Since the date hereofReference Date, neither the Company Group nor any of its Subsidiaries nor Employee or, to the Company’s Knowledge, any directoragent, officer, employee or agent acting on behalf of the Company or any of its Subsidiaries Group, has (i) used any Company Group funds for unlawful contributions, gifts, entertainment or other unlawful payments relating to political activity, (ii) made any unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political party or campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, (iii) consummated any transaction, made any payment, entered into any agreement Contract or arrangement or taken any other action in violation of Section 1128B(b) of the Social Security Act, as amended, or (iv) made any other unlawful paymentpayment of a type similar to those described above in this Section 3.19.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Invitae Corp)

Certain Business Practices. As of the date hereof, neither Neither the Company nor any of its Subsidiaries subsidiaries nor any director, officer, employee or agent of the Company or any of its Subsidiaries subsidiaries has in any material respect (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful payments relating to political activity, (ii) made any unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political party or campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, (iii) consummated any transaction, made any payment, entered into any agreement or arrangement or taken any other action in violation of Section 1128B(b) of the Social Security Act, as amended, or (iv) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Psinet Inc)

Certain Business Practices. As of the date hereof, neither the Company nor any of its Subsidiaries -------------------------- nor any director, officer, employee or agent of the Company or any of its Subsidiaries Company, acting on the Company's behalf, has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful payments relating to political activity, (iib) made any unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political party or campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, (iiic) consummated any transaction, made any payment, entered into any agreement or arrangement or taken any other action in violation of Section 1128B(b) of the Social Security Act, as amended, or (ivd) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Corvis Corp)

Certain Business Practices. As Neither the Company, its Subsidiaries or, to the knowledge of the date hereofCompany, neither the Company nor any of its Subsidiaries nor any director, officer, employee or agent of the Company or any of its Subsidiaries has has: (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful payments relating to political activity, ; (iib) made any unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political party or campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, ; (iiic) consummated any transaction, made any payment, entered into any agreement or arrangement or taken any other action in violation of Section 1128B(b) of the Social Security Act, as amended, ; or (ivd) made any other unlawful payment.. 2.22

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alphatec Holdings, Inc.)

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Certain Business Practices. As of the date hereof, neither the Neither Company nor any of its Subsidiaries nor any director, officer, employee or agent of the Company or any of its Subsidiaries has in any material respect (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful payments relating to political activity, (ii) made any unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political party or campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, (iii) consummated any transaction, made any payment, entered into any agreement or arrangement or taken any other action in violation of Section 1128B(b) of the Social Security Act, as amended, or (iv) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Afg Investment Trust D)

Certain Business Practices. As of the date hereof, neither the Company nor any of its Subsidiaries nor any director, officer, employee or agent of the Company or any of its Subsidiaries has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful payments relating to political activity, (iib) made any unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political party or campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, (iiic) consummated any transaction, made any payment, entered into any agreement or arrangement or taken any other action in violation of Section 1128B(b1128B (b) of the Social Security Act, as amended, or (ivd) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Dave & Busters Inc)

Certain Business Practices. As of the date hereof, neither Neither the Company nor any -------------------------- of its Subsidiaries nor any director, officer, employee or agent of the Company or any of its Subsidiaries has (i) used any funds for unlawful contributions, gifts, entertainment or other unlawful payments relating to political activity, (ii) made any unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political party or campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, (iii) consummated any transaction, made any payment, entered into any agreement or arrangement or taken any other action in violation of Section 1128B(b) of the Social Security Act, as amended, or (iv) made any other unlawful payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Concurrent Computer Corp/De)

Certain Business Practices. As of the date hereofof this Agreement, neither the Company nor or any of its Subsidiaries nor any director, officer, employee or agent of the Company or any of its Subsidiaries has (ia) used any funds for unlawful contributions, gifts, entertainment or other unlawful payments expenses relating to political activity, (iib) made any unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political party or campaign or violated any provision of the Foreign Corrupt Practices Act of 1977, as amended, (iiic) consummated any transaction, made any payment, entered into any agreement or arrangement or taken any other action in violation of Section 1128B(b) of the Social Security Act, as amended, or (ivd) made any other unlawful payment., except for any such matters that could not reasonably be expected to have a Material Adverse Effect on the Company. AGREEMENT AND PLAN OF MERGER -10-

Appears in 1 contract

Samples: Agreement and Plan of Merger (Halliburton Co)

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