Common use of No Prohibited Persons Clause in Contracts

No Prohibited Persons. (i) Neither any Borrower nor any of its officers, directors, partners or members is an entity or person (or to such Borrower’s knowledge, owned or controlled by an entity or person): (a) that is listed in the Annex to, or is otherwise subject to the provisions of the Executive Order 13224 issued on September 24, 2001 (“EO13224”)’; or (b) whose name appears on the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) most current list of “Specifically Designated National and Blocked Persons” (which list may be published from time to time in various mediums including, but not limited to, the OFAC website, http:www.treas.gof/ofac/t11sdn.pdf). (ii) At the time the applicable Borrower first entered into a Lease with each Tenant (excluding an in-place Lease with a Carry-Over Tenant, but including a new Lease with any such Carry-over Tenant), no such Tenant was listed on either of the lists described in Section 4.01(x)(i).