Common use of FCPA Clause in Contracts

FCPA. Neither the Adviser nor, to the knowledge of the Adviser, any director, officer, agent, employee or Affiliate of the Adviser, or other person associated with or acting on behalf of the Adviser is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the FCPA, the Bribery Act or the OECD Convention or any other applicable anti-bribery laws, including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Adviser and, to the knowledge of the Adviser, its affiliates, has conducted its business in compliance with the FCPA, the Bribery Act and the OECD Convention and has instituted and maintained policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

FCPA. Neither the Adviser Administrator nor, to the knowledge of the AdviserAdministrator, any director, officer, agent, employee or Affiliate of the AdviserAdministrator, or other person associated with or acting on behalf of the Adviser Administrator is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the FCPA, the Bribery Act or the OECD Convention or any other applicable anti-bribery laws, including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Adviser Administrator and, to the knowledge of the AdviserAdministrator, its affiliates, has conducted its business in compliance with the FCPA, the Bribery Act and the OECD Convention and has instituted and maintained policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

FCPA. Neither the Adviser Company nor, to the knowledge of the AdviserCompany, any director, officer, agent, employee or Affiliate Subsidiary of the Adviser, or other person associated with or acting on behalf of the Adviser Company is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the U.S. Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder (the “FCPA, the Bribery Act or the OECD Convention or any other applicable anti-bribery laws”), including, without limitation, making use of the mails or any means or instrumentality of U.S. interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Adviser and, to ; and the knowledge of the Adviser, Company and its affiliates, has Subsidiaries have conducted its business their businesses in compliance with the FCPA, the Bribery Act FCPA and the OECD Convention and has have instituted and maintained maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

FCPA. Neither the Adviser Company nor any of its subsidiaries nor, to the knowledge of the AdviserCompany or the Operating Partnership, any director, officer, agent, agent or employee or Affiliate of the Adviser, Company or other person associated with or acting on behalf any of the Adviser its subsidiaries is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder (the “FCPA, the Bribery Act or the OECD Convention or any other applicable anti-bribery laws”), including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Adviser and, to ; and the knowledge of the Adviser, Company and its affiliates, has subsidiaries have conducted its business their businesses in compliance with the FCPA, the Bribery Act FCPA and the OECD Convention and has have instituted and maintained maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

FCPA. Neither the Adviser Company nor any of its subsidiaries nor, to the knowledge of the AdviserCompany, any director, officer, agent, agent or employee or Affiliate of the Adviser, Company or other person associated with or acting on behalf any of the Adviser its subsidiaries is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder (the “FCPA, the Bribery Act or the OECD Convention or any other applicable anti-bribery laws”), including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Adviser and, to ; and the knowledge of the Adviser, Company and its affiliates, has subsidiaries have conducted its business their businesses in compliance with the FCPA, the Bribery Act FCPA and the OECD Convention and has have instituted and maintained maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

FCPA. Neither the Adviser Company nor any of its subsidiaries nor, to the knowledge of the AdviserCompany, any director, officer, agent, employee or Affiliate of the Adviseremployee, affiliate or other person associated with or entity acting on behalf of the Adviser Company or any of its subsidiaries is aware of or has taken any action, directly or indirectly, that has resulted or would result in a violation by any such persons person or entity of the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder (the “FCPA, the Bribery Act or the OECD Convention or any other applicable anti-bribery laws”), including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Adviser FCPA and the Company and its subsidiaries, and, to the knowledge of the AdviserCompany, its affiliates, has other affiliates have conducted its business their businesses in compliance with the FCPA, the Bribery Act FCPA and the OECD Convention and has have instituted and maintained maintain policies and procedures designed to ensure, and which that are reasonably expected to continue to ensure, continued compliance therewith.

FCPA. Neither the Adviser Company nor any of the Subsidiaries, nor, to the knowledge of the AdviserCompany, any director, officer, agent, employee or Affiliate of the AdviserCompany, or other person associated with or acting on behalf of the Adviser Company or any of the Subsidiaries is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the Foreign Corruption Practices Act of 1977, as amended, and the rules and regulations thereunder (“FCPA, the Bribery Act or the OECD Convention or any other applicable anti-bribery laws”), including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Adviser and, to FCPA and the knowledge of the Adviser, Company and its affiliates, has Subsidiaries have conducted its business their businesses in compliance with the FCPA, the Bribery Act FCPA and the OECD Convention and has have instituted and maintained policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

FCPA. Neither the Adviser Administrator nor, to the knowledge of the AdviserAdviser or the Administrator, any director, officer, agent, employee or Affiliate of the AdviserAdministrator, or other person associated with or acting on behalf of the Adviser Administrator is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the FCPA, the Bribery Act or the OECD Convention or any other applicable anti-bribery laws, including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Adviser Administrator and, to the knowledge of the Administrator and the Adviser, its affiliates, has conducted its business in compliance with the FCPA, the Bribery Act and the OECD Convention and has instituted and maintained policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.

FCPA. Neither None of the Adviser norSelling Shareholder, any of its subsidiaries or, to the knowledge of the AdviserSelling Shareholder, any director, officer, agent, employee or Affiliate of the Adviseremployee, affiliate or other person associated with or acting on behalf of the Adviser Selling Shareholder or any of its subsidiaries is aware of or has taken any action, directly or indirectly, that would result in a violation by such persons of the FCPA, the Bribery Act or the OECD Convention or any other applicable anti-bribery laws, including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any “foreign official” (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA. The Adviser FCPA and the Selling Shareholder and, to the knowledge of the AdviserSelling Shareholder, its affiliates, has affiliates have conducted its business their businesses in compliance with the FCPA, FCPA to the Bribery Act extent applicable and the OECD Convention and has have instituted and maintained maintain policies and procedures designed to ensure, and which are reasonably expected to continue to ensure, continued compliance therewith.