Common use of Certain Payments Clause in Contracts

Certain Payments. No Acquired Company or director, executive officer, agent, or employee of any Acquired Company, or any other Person associated with or acting for or on behalf of any Acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any Acquired Company or any Related Person of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No Since , 19 , no Acquired Company or director, executive officer, agent, or employee of any Acquired Company, or [to Sellers' Knowledge] any other Person associated with or acting for or on behalf of any Acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any Acquired Company or any Related Person Affiliate of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No Acquired Since inception, neither the Company or nor any director, executive officer, agent, or employee of any Acquired the Company, or to Knowledge of the Company, any other Person associated with or acting for or on behalf of any Acquired the Company, has directly or indirectly indirectly, in violation of any Legal Requirement (a) made any contribution, gift, bribebabe, rebate, payoff, payoff influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (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 any Acquired the Company or any Related Person Affiliate of an Acquired the Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund fiord or asset for such purposes that has not been recorded in the books and records of the Acquired CompaniesCompany.

Certain Payments. No Neither the Acquired Company Company, Seller or director, executive officer, agent, or nor employee of any the Acquired CompanyCompany or Seller, or nor any other Person associated with or acting for or on behalf of any the Acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any the Acquired Company or any Related Person Affiliate of an the Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired CompaniesCompany.

Certain Payments. No Neither any Acquired Company or director, executive officer, agent, or employee of any such Acquired Company, or to each Seller’s or each Acquired Company’s Knowledge any other Person associated with or acting for or on behalf of any such Acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any such Acquired Company or any Related Person Affiliate of an such Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the such Acquired Companies.Company

Certain Payments. No Neither an Acquired Company or nor any director, executive officer, agent, or employee of any an Acquired Company, or any other Person associated with or acting for or on behalf of any an Acquired Company, 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 in violation of any Legal Requirement (i) to obtain favorable treatment in securing business, (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 any Acquired Company or any Related Person Affiliate of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the an Acquired CompaniesCompany.

Certain Payments. No Acquired Company or director, executive officer, agent, or employee of any Acquired Company, or to Sellers' Knowledge any other Person associated with or acting for or on behalf of any Acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any Acquired Company or any Related Person Affiliate of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No Since January 1, 1997, no Acquired Company Company, director or director, executive officer, agent, or employee officer of any an Acquired Company, or to the Knowledge of Sellers, any agent, employee or other Person associated with or acting for or on behalf of any an Acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any an Acquired Company or any Related Person Affiliate of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No Acquired Company or director, executive officer, agent, agent or employee of any Acquired Company, or to the Knowledge of Sellers and the Acquired Companies, any other Person associated with or acting for or on behalf of any Acquired Company, has directly or indirectly (a) made any unlawful contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, property or services (i) to obtain favorable treatment in securing business, business (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions concessions, or for special concessions already obtained, for or in respect of any Acquired Company or any Related Person Affiliate of an any Acquired Company, or (iv) in violation of any Legal RequirementLaw, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No Except as disclosed in part 3.14 of the Disclosure Letter, since the Acquired Company's inception, to the Knowledge of Seller, no Acquired Company or director, executive officer, agent, or employee of any Acquired Company, or any other Person associated with or acting for or on behalf of any the Acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any Acquired Company or any Related Person of an the Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired CompaniesCompany.

Certain Payments. No Acquired Company or director, executive officer, agent, or employee of any Acquired Company, or to Sellers’ or the Acquired Companies’ Knowledge any other Person associated with or acting for or on behalf of any Acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any Acquired Company or any Related Person Affiliate of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No To Seller’s Knowledge,no Acquired Company or director, executive officer, agent, agent or employee of any Acquired Company, or nor any other Person associated with or acting for or on behalf of the Business or any Acquired Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, kickback or other payment to any Person, private or public, regardless of form, whether in money, property, property or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Business, any Acquired Company or any Related Person of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No Neither the Acquired Company or Companies nor any director, executive officer, agent, or employee of any the Acquired CompanyCompanies, or any other Person associated with or acting for or on behalf of any the Acquired CompanyCompanies, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any the Acquired Company Companies or any Related Person affiliate of an the Acquired CompanyCompanies, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No To Seller’s Knowledge, no Acquired Company or director, executive officer, agent, agent or employee of any Acquired Company, or nor any other Person associated with or acting for or on behalf of the Business or any Acquired Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, kickback or other payment to any Person, private or public, regardless of form, whether in money, property, property or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Business, any Acquired Company or any Related Person of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No To the Knowledge of the Company or FMS, since December 31, 1997, no Acquired Company or director, executive officer, agent, agent or employee of any Acquired Company, or any other Person associated with or acting for or on behalf of any Acquired Company, has directly or indirectly (a) made any improper contribution, gift, bribe, rebate, payoff, influence payment, kickback, kickback or other payment to any Person, private or public, regardless of form, whether in money, property, property or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, obtained for or in respect of any Acquired Company or any Related Person affiliate of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No Since its formation the Acquired Company or has not nor has any director, executive officer, participant, Seller, agent, or employee of any the Acquired Company, or any other Person associated with or acting for or on behalf of any the Acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any the Acquired Company or any Related Person Affiliate of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired CompaniesCompany.

Certain Payments. No Acquired Company or director, executive officer, agent, or employee of any the Acquired Company, or or, to the Shareholders of R&R' knowledge, any other Person associated with or acting for or on behalf of any Acquired the acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any Acquired Company or any Related Person of an the Acquired Company, or (iv) in violation of any Legal Requirementlaw or regulation, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired CompaniesCompany.

Certain Payments. No Neither any Acquired Company or any director, executive officer, agent, or employee of any Acquired Company, or any other Person person associated with or acting for or on behalf of any Acquired Company, has directly or indirectly and in violation of any Legal Requirement (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Personperson, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any Acquired Company or any Related Person Affiliate of an any Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the any Acquired CompaniesCompany.

Certain Payments. No Acquired Company or director, executive officer, agent, agent or employee of any Acquired Company, or to the Knowledge of Seller and the Acquired Companies, any other Person associated with or acting for or on behalf of any Acquired Company, 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, property or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions concessions, or for special concessions already obtained, for or in respect of any Acquired Company or any Related Person Affiliate of an any Acquired Company, or (iv) in violation of any Legal RequirementLaw, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No Since December 31, 1992, neither the Acquired Company or nor any director, executive officer, agent, or employee of any the Acquired Company, or to Sellers' Knowledge any other Person associated with or acting for or on behalf of any the Acquired Company, has directly or indirectly (a) made 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 (i) to obtain favorable treatment in securing business, ; (ii) to pay for favorable treatment for business secured, ; (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any the Acquired Company or any Related Person Affiliate of an the Acquired Company, Company or (iv) in violation of any Legal Requirement, or (b) established . B. Established or maintained any fund or asset that has not been recorded in the books and records of the Acquired CompaniesCompany.

Certain Payments. No Neither any Acquired Company or director, executive officer, agent, or employee of any such Acquired Company, or to each Seller’s or each Acquired Company’s Knowledge any other Person associated with or acting for or on behalf of any such Acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any such Acquired Company or any Related Person Affiliate of an such Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the such Acquired CompaniesCompany.

Certain Payments. (a) No Acquired Company or nor any director, executive officer, agent, or employee of any Acquired Company, or any other Person associated with or acting for or on behalf of any Acquired Company, has directly or indirectly (a) made in violation of any Legal Requirement 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 (i) to obtain favorable treatment in securing business, (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 any Acquired Company or any Related Person of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired CompaniesCompany.

Certain Payments. No Acquired Company or director, executive officer, agent, agent or employee of any Acquired Company, or to the Knowledge of Seller and the Acquired Companies any other Person associated with or acting for or on behalf of any Acquired Company, 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, property or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any Acquired Table of Contents Company or any Related Person Affiliate of an any Acquired Company, or (iv) in violation of any Legal RequirementLaw, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No Acquired Company or director, executive officer, agent, or employee of any Acquired Company, or to Seller’ or the Acquired Companies’ Knowledge any other Person associated with or acting for or on behalf of any Acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any Acquired Company or any Related Person Affiliate of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No To Principal Vendors' Knowledge no Acquired Company or director, executive officeroffi-cer, agent, or employee of any Acquired Company, or any other Person associated with or acting for or on behalf of any Acquired Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickbackkick-back, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions con-cessions already obtained, for or in respect of any Acquired Company or any Related Person Affiliate of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No Since January 1, 1995, no Acquired Company or director, executive officer, agent, or employee of any Acquired Company, or to the Knowledge of the Company any other Person associated with or acting for or on behalf of any Acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any Acquired Company or any Related Person Affiliate of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No Acquired Company or director, executive officer, agent, or employee of any Acquired Company, or to the Seller’s or the Acquired Companies’ Knowledge any other Person associated with or acting for or on behalf of any Acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any Acquired Company or any Related Person Affiliate of an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Companies.

Certain Payments. No Neither the Acquired Company or Companies nor, to the Knowledge of Shareholder, any director, executive officer, manager, agent, or employee of any Acquired Company, or any other Person associated with or acting for or on behalf of any and Acquired Company, 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 (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any Acquired Company or any Related Person affiliate of an any Acquired Company, or (iv) in violation of any Legal Requirementlegal requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the any Acquired CompaniesCompany.

Certain Payments. No Acquired To Sellers' knowledge, neither the Company or any director, executive officer, agent, or employee of any Acquired the Company, or any other Person person associated with or acting for or on behalf of any Acquired the Company, has directly or indirectly and in violation of any Legal Requirement (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Personperson, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of any Acquired the Company or any Related Person Affiliate of an Acquired the Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired CompaniesCompany.