Common use of FACTUAL STATEMENT Clause in Contracts

FACTUAL STATEMENT. This Factual Statement is made pursuant to, and is part of, the Deferred Prosecution Agreement (“DPA”) dated September 7th, 2021, between the United States Attorney’s Office for the District of Columbia, the United States Department of Justice, National Security Division (collectively, “DOJ”) and ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ (collectively, “Defendants”).1 Defendants agree and stipulate that, in the event DOJ brings a deferred prosecution pursuant to the DPA (the “prosecution”): the information in this Factual Statement is true and accurate; this Factual Statement is admissible for all purposes related to the prosecution; and they will neither contest the admissibility of, nor contradict any factual assertions contained in, this Factual Statement. The parties further agree that, although each defendant individually may not have contemporaneously known all of the facts and events described in this Factual Statement, the Factual Statement correctly describes the facts and events described herein, and that the facts and events discussed in this Factual Statement occurred on or about the dates described. 1 Unless stated otherwise, the phrase “Defendants” refers to and includes all three Defendants.