Non-Contravention; Compliance with Applicable Laws. Customer has at all times been, is, and will at all times be, in compliance with Applicable Law, all orders and awards binding on Customer or its property, Customer’s internal documents and policies (including organizational documents), and all material contracts (including this Agreement) or other instruments binding on or affecting Customer or any of its property. Further, Customer maintains adequate controls to be reasonably assured of such compliance. There are and have been no legal or governmental proceedings or investigations pending or threatened to which Customer or any Related Person is a party or to which any of the properties of Customer or any Related Person is subject, except as disclosed to the BNPP Entities prior to the date of execution of this Agreement. Further, the education, employment and other qualifications for the officers for the Customer in the prospectus provided to any investors or otherwise made available by the Customer are correct and complete.
Non-Contravention; Compliance with Applicable Laws. Customer is and will at all times be, in compliance with (i) Applicable Law that relates to (a) felonies, (b) fraud, (c) activities related to the conduct of Customer’s business or (d) activities related to the securities industry (except in the case of (c) or (d), where the failure to do so would not have a material adverse effect on Customer or its ability to perform under the Contracts, as determined by the BNPP Entities), (ii) all orders and awards binding on Customer or its property, (iii) Customer’s internal documents and policies (including organizational documents) (except where such failure would not have a material adverse effect on Customer or its ability to perform under the Contracts, as determined by the BNPP Entities), and (iv) all material contracts (including this Agreement) or other instruments binding on or affecting Customer or any of its property. Further, Customer maintains adequate controls to be reasonably assured of such compliance. To the best of the Customer’s knowledge, there are and have been no legal or governmental proceedings or investigations pending or threatened to which Customer or any Related Person is a party or to which any of the properties of Customer or any Related Person is subject. Further, to Customer’s knowledge, the education, employment and other qualifications for the officers for the Customer in the prospectus provided to any investors or otherwise made available by the Customer are correct in all material respects.
Non-Contravention; Compliance with Applicable Laws. Customer has at all times been, is, and will at all times be, in compliance with (i) Applicable Law that relates to (a) felonies, (b) fraud, (c) activities related to the conduct of Customer’s business except where the failure to do so would not have a material adverse effect on Customer or its ability to perform under the Contracts, as determined by the BNPP Entities in good faith and a commercially reasonable manner or (d) activities related to the securities industry except where the failure to do so would not have a material adverse effect on Customer or its ability to perform under the Contracts, as determined by the BNPP Entities in good faith and a commercially reasonable manner, (ii) all judicial orders (except where the failure to do so would not have a material adverse effect on Customer or its ability to perform under the Contracts, as determined by the BNPP Entities in good faith and a commercially reasonable manner), (iii) Customer’s organizational documents and the prospectus provided to any investors or otherwise made available by Customer in all material respects, and (iv) all material contracts (including this Agreement) with BNPP NY or other material instruments with BNPP NY binding on or affecting Customer or any of its property in all material respects subject to any relevant notice and cure periods. Further, Customer maintains adequate controls to be reasonably assured of such compliance. Further, there is and has not been (a) the public commencement of formal criminal charges or proceedings by a court against Customer or any Related Person, or a formal arrest of any Related Person, or (b) the public filing or public announcement by any governmental or regulatory body of enforcement proceedings against Customer or any Related Person, in all cases specified in (a) and (b) above, alleging fraud (including any unlawful scheme to defraud investors), embezzlement, money laundering, xxxxxxx xxxxxxx, market manipulation, material violations of securities laws or security regulations, or a felony related to any of the foregoing.
Non-Contravention; Compliance with Applicable Laws. Customer is, and will at all times be, in compliance with (i) Applicable Law that relates to (A) felonies, (B) fraud, (C) activities related to the conduct of Customer’s business or (D) activities related to the securities industry, (ii) all orders and awards binding on Customer or its property that would have a material adverse effect on Customer or Customer’s ability to perform its Obligations under any Contract, (iii) Customer’s internal documents and policies (including organizational documents), and (iv) all material contracts (including this Agreement) or other instruments binding on or affecting Customer or any of its property. Further, Customer maintains adequate controls to be reasonably assured of such compliance. To the best of the Customer’s knowledge, other than the proceeding relating to the Xxxxx notice dated March 5, 2010 from the staff of the Securities & Exchange Commission, there are and have been no criminal or governmental enforcement proceedings, investigations, or other litigation pending or threatened which relate to (1) felonies, (2) fraud, (3) activities related to the conduct of Customer’s business or the business of Customer’s investment advisers or (4) activities related to the securities industry to which Customer or any Related Person is a party or to which any of the properties of Customer or any Related Person is subject. Further, to Customer’s knowledge, the education, employment and other qualifications for the officers for the Customer in the prospectus provided to any investors or otherwise made available by the Customer are correct and complete in all material respects.
Non-Contravention; Compliance with Applicable Laws. Customer is and will at all times be. in compliance with (i) Applicable Law that relates to (a) felonies. (b) fraud. (c) the conduct of Customer’s business or (d) activities related to the securities industry (except in the case of (c) or (d), where the failure to do so would not have a material adverse effect on Customer or its ability to perform under the Contracts, as reasonably determined by the BNPP Entities), (ii) all material Orders and awards binding on Customer or its property. (iii) Customer’s internal documents and policies (including organizational documents) (except where such failure would not have a material adverse effect on Customer or its ability to perform under the Contracts, as reasonably determined by the BNPP Entities), and (iv) all material contracts (including this Agreement) or other Instruments binding on or affecting Customer or any of its property. Further, Customer maintains adequate Controls to be reasonably assured of such compliance. Except as previously disclosed in Customer’s public filings, there are and have been no criminal or governmental enforcement proceedings, investigations, or other litigation pending or. to Customer’s knowledge, threatened which relate to (a) felonies. (b) fraud, (c) activities related to the conduct of Customer’s business or, to Customer’s knowledge, the business of Customer’s Investment advisers or (d) activities related to the security industry to which Customer or any Related Person is a party or to which any of the properties of Customer or any Related Person is subject. Further. to Customer’s knowledge the education, employment and other qualifications for the officers for the Customer in the prospectus provided to any Investors or otherwise made available by the Customer are correct and complete.
Non-Contravention; Compliance with Applicable Laws. The execution, delivery and performance by Customer of this Agreement and the fulfillment of the Obligations hereunder, do not and will not result in a breach or violation of any Applicable Law, order, or award binding on Customer or its property, or Customer’s organizational documents, or any material contract or other instrument binding on or affecting Customer or any of its property. Customer has at all times been, is, and will at all times be, in compliance with Applicable Law, and Customer maintains adequate controls to be reasonably assured of such compliance. There are no legal or governmental proceedings or investigations pending or threatened to which Customer or any Related Person is a party or to which any of the properties of Customer or any Related Person is subject.
Non-Contravention; Compliance with Applicable Laws. Customer is and will at all times be, in compliance with (i) Applicable Law that relates to (A) felonies, (B) fraud, (C) activities related to the conduct of Customer’s business or (D) activities related to the securities industry (except in the case of (C) or (D), where the failure to do so would not have a material adverse effect on Customer or its ability to perform under the Contracts, as reasonably determined by the BNPP Entities), (ii) all orders and awards binding on Customer or its property, (iii) Customer’s internal documents and policies (including organizational documents) (except where such failure would not have a material adverse effect on Customer or its ability to perform under the Contracts, as reasonably determined by the BNPP Entities), and (iv) all material contracts (including this Agreement) or other instruments binding on or affecting Customer or any of its property. Further, Customer maintains adequate controls to be reasonably assured of such compliance. Except as previously disclosed in Customer’s public filings, there are and have been no criminal or governmental enforcement proceedings, investigations, or other litigation pending or threatened which relate to (a) felonies, (b) fraud, (c) activities related to the conduct of Customer’s business or, to Customer’s knowledge, the business of Customer’s investment advisers or (d) activities related to the security industry to which Customer or any Related Person is a party or to which any of the properties of Customer or any Related Person is subject. Further, the education, employment and other qualifications for the officers for Customer in the most recent annual report or proxy statement provided to any investors, filed with the Securities and Exchange Commission or otherwise made available by Customer are correct and complete.
Non-Contravention; Compliance with Applicable Laws. Customer is and will at all times be, in compliance with (i) Applicable Law that relates to (a) felonies, (b) fraud, (c) activities related to the conduct of Customer’s business or (d) activities related to the securities industry, (ii) all orders and awards binding on Customer or its property, (iii) Customer’s internal documents and policies (including organizational documents), and (iv) all material contracts (including this Agreement) or other instruments binding on or affecting Customer or any of its property (except where the failure to do so would not have a material adverse effect on Customer or its ability to perform under the Contracts, as determined by the BNPP Entities). Further, Customer maintains adequate controls to be reasonably assured of such compliance. To the best of the Customer’s knowledge, there are and have been no legal or governmental proceedings or investigations pending or threatened to which Customer or any Related Person is a party or to which any of the properties of Customer or any Related Person is subject.
Non-Contravention; Compliance with Applicable Laws. Customer has at all times been, is, and will at all times be, in compliance with Applicable Law, order or award binding on Customer or its property, Customer’s internal documents and policies (including organizational documents), and any material contract or other instrument binding on or affecting Customer or any of its property. Further, Customer maintains adequate controls to be reasonably assured of such compliance. There are no legal or governmental proceedings or investigations pending or threatened to which Customer or any Related Person is a party or to which any of the properties of Customer or any Related Person is subject.
Non-Contravention; Compliance with Applicable Laws. Customer is and will at all times be, in compliance with Applicable Law that relates to (i) felonies, (ii) fraud, (iii) activities related to the conduct of Customer’s business or (iv) activities related to the securities industry (except in the case of (iii) or (iv), where the failure to do so would not have a material adverse effect on Customer or its ability to perform under the Contracts, as determined by the BNPP Entities), all orders and awards binding on Customer or its property, Customer’s internal documents and policies (including organizational documents), and all material contracts (including this Agreement) or other instruments binding on or affecting Customer or any of its property. Further, Customer maintains adequate controls to be reasonably assured of such compliance. To the best of the Customer’s knowledge, there are and have been no legal or governmental proceedings or investigations pending or threatened to which Customer or any Related Person is a party or to which any of the properties of Customer or any Related Person is subject. Further, to Customer’s knowledge, the education, employment and other qualifications for the officers for the Customer made available by the Customer to BNPP PB, Inc. are correct and complete.
