Facility Level Clearance Clause Samples

Facility Level Clearance. The Company holds and maintains a valid facility security clearance at the Top-Secret level issued by the Defense Counterintelligence and Security Agency (“DCSA”) (the “Facility Clearance”). The Facility Clearance has not been suspended, revoked, downgraded, invalidated, or placed on probation, and, to the Sellers’ Knowledge, no facts or circumstances exist that would reasonably be expected to result in any such suspension, revocation, downgrade, invalidation, or probation. The Company is, and in the last three years has been, in material compliance with all applicable requirements of the National Industrial Security Program Operating Manual (“NISPOM”) and all other applicable laws, regulations, directives, and DCSA requirements related to the Facility Clearance. All personnel of the Company whose duties require access to classified information hold personnel security clearances at the appropriate levels, and no such personnel clearances have been suspended, revoked, or otherwise limited in a manner that would materially impair the Company’s US 255615105v18 performance of any classified contract. There are no pending or, to the Sellers’ Knowledge, threatened investigations, inquiries, or notices of violation from DCSA or any other Governmental Authority relating to the Facility Clearance or the Company’s compliance with the NISPOM or other industrial security obligations.