Foreign Asset Control Regulations, Etc. (a) None of Holdings, the Borrower nor any Controlled Entity (i) is a Blocked Person, (ii) has been notified that its name appears or may in the future appear on a State Sanctions List or (iii) is a target of Economic Sanctions Laws. (b) Within the past five years, none of Holdings, the Borrower nor any Controlled Entity (including their respective officers, directors, employees and, to the knowledge of the foregoing, agents acting on their behalf) has violated in any material respect, been found in violation of or been charged or convicted under any applicable Economic Sanctions Laws, Anti-Money Laundering Laws or Anti-Corruption Laws. (c) No part of the proceeds from any Loan or L/C Loan hereunder: (i) constitutes or will constitute funds obtained on behalf of any Blocked Person or will otherwise be used by Holdings, the Borrower or any Controlled Entities, directly or knowingly indirectly (A) with any investment in, or any transactions or dealings with, any Blocked Person in violation of applicable Economic Sanctions Laws, (B) for any purpose that would cause any Lender or Agent to be in violation of any Economic Sanctions Laws or (C) otherwise in violation of any Economic Sanctions Laws; (ii) will be used, directly or knowingly indirectly, by Holdings, the Borrower or any Controlled Entities in violation of, or cause any Lender or Agent to be in violation of, any applicable Anti-Money Laundering Laws; or (iii) will be used, directly or knowingly indirectly, by Holdings, the Borrower or any Controlled Entities (including their respective officers, directors, employees and agents acting on their behalf) for the purpose of making any improper payments, including bribes, to any Governmental Official or commercial counterparty in order to obtain, retain or direct business or obtain any improper advantage, in each case which would be in violation of, or cause any Lender or Agent to be in violation of, any applicable Anti-Corruption Laws. (d) Each of Holdings and the Borrower has established procedures and controls which it reasonably believes are adequate (and otherwise comply with applicable Laws) to ensure that it and each Controlled Entity is and will continue to be in compliance with all applicable Economic Sanctions Laws, Anti-Money Laundering Laws and Anti-Corruption Laws.
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Sources: Credit Agreement (MN8 Energy, Inc.), Credit Agreement (MN8 Energy, Inc.), Credit Agreement (New PubCo Renewable Power Inc.)
Foreign Asset Control Regulations, Etc. (a) None of Holdings, Neither the Borrower Company nor any Controlled Entity (i) is a Blocked Person, (ii) has been notified that its name appears or may in the future appear on a State Sanctions List or (iii) is a target of Economic Sanctions Lawssanctions that have been imposed by the United Nations or the European Union.
(b) Within Neither the past five years, none of Holdings, the Borrower Company nor any Controlled Entity (including their respective officers, directors, employees and, to the knowledge of the foregoing, agents acting on their behalfi) has violated in any material respectviolated, been found in violation of of, or been charged or convicted under under, any applicable U.S. Economic Sanctions Laws, Anti-Money Laundering Laws or Anti-Corruption Laws or (ii) to the Company’s knowledge, is under investigation by any Governmental Authority for possible violation of any U.S. Economic Sanctions Laws, Anti-Money Laundering Laws or Anti-Corruption Laws.
(c) No part of the proceeds from any Loan or L/C Loan the sale of the Notes hereunder:
(i) constitutes or will constitute funds obtained on behalf of any Blocked Person or will otherwise be used by Holdings, the Borrower Company or any Controlled EntitiesEntity, directly or knowingly indirectly indirectly, (A) in connection with any investment in, or any transactions or dealings with, any Blocked Person in violation of applicable Economic Sanctions LawsPerson, (B) for any purpose that would cause any Lender or Agent Purchaser to be in violation of any U.S. Economic Sanctions Laws or (C) otherwise in violation of any U.S. Economic Sanctions Laws;
(ii) will be used, directly or knowingly indirectly, by Holdings, the Borrower or any Controlled Entities in violation of, or cause any Lender or Agent Purchaser to be in violation of, any applicable Anti-Money Laundering Laws; or
(iii) will be used, directly or knowingly indirectly, by Holdings, the Borrower or any Controlled Entities (including their respective officers, directors, employees and agents acting on their behalf) for the purpose of making any improper payments, including bribes, to any Governmental Official or commercial counterparty in order to obtain, retain or direct business or obtain any improper advantage, in each case which would be in violation of, or cause any Lender or Agent Purchaser to be in violation of, any applicable Anti-Corruption Laws.
(d) Each of Holdings and the Borrower The Company has established procedures and controls which it reasonably believes are adequate (and otherwise comply with applicable Lawslaw) to ensure that it the Company and each Controlled Entity is and will continue to be in compliance with all applicable U.S. Economic Sanctions Laws, Anti-Money Laundering Laws and Anti-Corruption Laws.
Appears in 1 contract
Foreign Asset Control Regulations, Etc. (a) None of Holdings, the Borrower nor any Controlled Entity (i) is a Blocked Person, (ii) has been notified that its name appears or may in the future appear on a State Sanctions List List, or (iii) is aotherwise a subject or target of Economic Sanctions Laws.
(b) Within the past five yearsyearsSince April 24, 2019, none of Holdings, the Borrower nor any Controlled Entity (including their respective officers, directors, employees and, to the knowledge knowledgeKnowledge of the foregoing, any agents acting on their behalf) has violated or is violating in any material respect, been found in violation of or or has been charged or convicted under any applicable Economic Sanctions Laws, Anti-Money Laundering Laws or Anti-Corruption Laws.
(c) No part of the proceeds from any Loan or L/C Loan hereunder:
(i) constitutes or will constitute funds obtained on behalf of any Blocked Person or will otherwise be used by Holdings, the Borrower or any Controlled Entities, directly or knowingly indirectly (A) with any investment in, or any transactions or dealings with, any Blocked Person in violation of applicable Economic Sanctions Laws, (B) for any purpose that would cause any Lender or Agent to be in violation of any Economic Sanctions Laws or (C) otherwise in violation of any Economic Sanctions Laws;
(ii) will be used, directly or knowingly indirectly, by Holdings, the Borrower or any Controlled Entities in violation of, or cause any Lender or Agent to be in violation of, any applicable Anti-Money Laundering Laws; or
(iii) will be used, directly or knowingly indirectly, by Holdings, the Borrower or any Controlled Entities (including their respective officers, directors, employees and agents acting on their behalf) for the purpose of making any improper payments, including bribes, to any Governmental Official or commercial counterparty in order to obtain, retain or direct business or obtain any improper advantage, in each case which would be in violation of, or cause any Lender or Agent to be in violation of, any applicable Anti-Corruption Laws.
(d) Each of Holdings and the Borrower has established procedures and controls which it reasonably believes are adequate (and otherwise comply with applicable Laws) to ensure that it and each Controlled Entity is and will continue to be in compliance with all applicable Economic Sanctions Laws, Anti-Money Laundering Laws and Anti-Corruption Laws.
Appears in 1 contract
Sources: Omnibus Amendment to Credit Agreement and Security Agreement (MN8 Energy Holdings LLC)