Common use of OFAC Clause in Contracts

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 70 contracts

Samples: Purchase Agreement (Rue21, Inc.), Purchase Agreement (Opentable Inc), Underwriting Agreement (North American Palladium LTD)

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OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the this offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 60 contracts

Samples: Dealer Manager Agreement (MedQuist Holdings Inc.), Underwriting Agreement (Pioneer Drilling Co), Purchase Agreement (Alere Inc.)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, representative, agent or affiliate of the Company or any other person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering of the Securities contemplated hereby, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 44 contracts

Samples: Underwriting Agreement (BullFrog AI Holdings, Inc.), Underwriting Agreement (Abvc Biopharma, Inc.), Agreement (60 Degrees Pharmaceuticals, Inc.)

OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 21 contracts

Samples: Purchase Agreement (Ryerson Holding Corp), Distribution Agreement (American Equity Investment Life Holding Co), Purchase Agreement (Stone Energy Corp)

OFAC. Neither None of the Company noror, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 21 contracts

Samples: Sales Agreement (Lipocine Inc.), Sales Agreement (TSR Inc), Sales Agreement (Tonix Pharmaceuticals Holding Corp.)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its Subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiaryof its Subsidiaries, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 17 contracts

Samples: Equity Distribution Agreement (Colony Financial, Inc.), Equity Distribution Agreement (Colony Financial, Inc.), Equity Distribution Agreement (Colony Financial, Inc.)

OFAC. Neither the Company nor, to the knowledge of the Company, any directortrust manager, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering contemplated hereby, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 17 contracts

Samples: Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust), Distribution Agency Agreement (Camden Property Trust)

OFAC. Neither None of the Company noror, to the knowledge Knowledge of the Company, any director, officer, agent, employee, affiliate Affiliate or person Person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person Person currently subject to any U.S. sanctions administered by OFAC.

Appears in 16 contracts

Samples: Share Purchase Agreement (FibroBiologics Inc.), Share Purchase Agreement (CITIC Capital Acquisition Corp.), Share Purchase Agreement (Adit EdTech Acquisition Corp.)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department ("OFAC"); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 14 contracts

Samples: Stock Purchase Agreement (Allegiant Travel CO), Purchase Agreement (North American Palladium LTD), Purchase Agreement (Otis Spunkmeyer Holdings Inc)

OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or other person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use any of the proceeds from the sale of Securities in the offeringoffering contemplated by this Agreement, or lend, contribute or otherwise make available any such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 13 contracts

Samples: Underwriting Agreement (Zogenix, Inc.), Underwriting Agreement (Zogenix, Inc.), Underwriting Agreement (Zogenix, Inc.)

OFAC. Neither the Company nor, to the knowledge of the Company, any directortrustee, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 13 contracts

Samples: Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Select Income Reit), Underwriting Agreement (Select Income REIT)

OFAC. Neither the Company Company, any director or officer, nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, affiliate subsidiary or person acting on behalf Affiliate of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person Person currently subject to any U.S. sanctions administered by OFAC.

Appears in 11 contracts

Samples: Securities Purchase Agreement (Total S.A.), Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.)

OFAC. Neither the Company Company, any officer of the Company, nor, to the knowledge of the Company, any director, officer, agent, employee, agent or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company (either directly or through the Trust Account) will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 11 contracts

Samples: Underwriting Agreement (Vantage Drilling CO), Underwriting Agreement (Vantage Drilling CO), Underwriting Agreement (Emerald Oil, Inc.)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the this offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person whom the Company has knowledge is currently subject to any U.S. sanctions administered by OFAC.

Appears in 9 contracts

Samples: Terms Agreement (Tracon Pharmaceuticals, Inc.), Terms Agreement (Momenta Pharmaceuticals Inc), Terms Agreement (Momenta Pharmaceuticals Inc)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiaryaffiliate, joint venture partner or other person or entity, which, to the Company’s knowledge, will use such proceeds for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 9 contracts

Samples: Common Stock (Miller Energy Resources, Inc.), Underwriting Agreement (Magnum Hunter Resources Corp), Subscription Agreement (BPZ Resources, Inc.)

OFAC. Neither None of the Company Partnership Entities nor, to the knowledge of the CompanyPartnership Parties, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company Partnership Entities is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company Partnership will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 9 contracts

Samples: Underwriting Agreement (Summit Midstream Partners, LP), Underwriting Agreement (Summit Midstream Partners, LP), Underwriting Agreement (Summit Midstream Partners, LP)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 9 contracts

Samples: Underwriting Agreement (Validus Holdings LTD), Terms Agreement (Neuralstem, Inc.), Equity Distribution Agreement (Hampton Roads Bankshares Inc)

OFAC. Neither None of the Company norCompany, any managing trustee, officer, or, to the knowledge of the Company, any director, officerindependent trustee, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 8 contracts

Samples: Underwriting Agreement (Office Properties Income Trust), Underwriting Agreement (Government Properties Income Trust), Underwriting Agreement (Office Properties Income Trust)

OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or other person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use any of the proceeds from the sale of Securities by the offeringCompany in the offering contemplated by this Agreement, or lend, contribute or otherwise make available any such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 8 contracts

Samples: Underwriting Agreement (Immunomedics Inc), Underwriting Agreement (Biocryst Pharmaceuticals Inc), Underwriting Agreement (Immunomedics Inc)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 6 contracts

Samples: Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC), Underwriting Agreement (Travelcenters of America LLC)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringsale of the Securities, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner partners or other person or entityperson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 6 contracts

Samples: THL Credit, Inc., THL Credit, Inc., THL Credit, Inc.

OFAC. Neither None of the Company norCompany, any Subsidiary or, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not not, directly or indirectly indirectly, use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entityperson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 6 contracts

Samples: Registration Rights Agreement (Biozone Pharmaceuticals, Inc.), Securities Purchase Agreement (Biozone Pharmaceuticals, Inc.), Securities Purchase Agreement (Biozone Pharmaceuticals, Inc.)

OFAC. Neither the Company Partnership nor, to the knowledge of the CompanyPartnership, any director, officer, agent, employee, affiliate or person acting on behalf of the Company Partnership is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Treasure Department (“OFAC”); and the Company Partnership will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 6 contracts

Samples: Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp), Underwriting Agreement (Stonemor Partners Lp)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Treasure Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 6 contracts

Samples: Security Agreement (Rehabcare Group Inc), Purchase Agreement (Steel Dynamics Inc), Purchase Agreement (Steel Dynamics Inc)

OFAC. Neither the Company nor, to the knowledge nor any of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company its Subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of this offering of the offeringShares contemplated hereby, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 5 contracts

Samples: Underwriting Agreement (Emcore Corp), Underwriting Agreement (Sysorex Global Holdings Corp.), Underwriting Agreement (Widepoint Corp)

OFAC. Neither None of the Company norCompany, any Subsidiary or, to the knowledge of the Company, any director, officer, agent, employee, affiliate employee or person acting on behalf Affiliate of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not not, directly or indirectly indirectly, use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entityperson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Fuse Science, Inc.), Exchange Agreement (Fuse Science, Inc.), Subscription Agreement (Hochman Carole S)

OFAC. Neither the Company nor any of its consolidated subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds proceeds, to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 5 contracts

Samples: Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.), Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.), Sales Agency Financing Agreement (Host Hotels & Resorts, Inc.)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate employee or person acting on behalf subsidiary of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 5 contracts

Samples: Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co), Sales Agency Financing Agreement (Southern Co)

OFAC. Neither the Company nor, to the knowledge of the Company, any directortrustee, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 5 contracts

Samples: Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust), Purchase Agreement (PennyMac Mortgage Investment Trust)

OFAC. Neither the Company nor, to the knowledge of the Company, any Initial Stockholder, director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company (either directly or through the Trust) will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 5 contracts

Samples: Underwriting Agreement (Santa Monica Media CORP), Underwriting Agreement (Santa Monica Media CORP), Underwriting Agreement (Santa Monica Media CORP)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person whom the Company has knowledge currently subject to any U.S. sanctions administered by OFAC.

Appears in 5 contracts

Samples: Terms Agreement (ONESPAWORLD HOLDINGS LTD), Terms Agreement (Inovio Pharmaceuticals, Inc.), Terms Agreement (Inovio Pharmaceuticals, Inc.)

OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company Company, is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering contemplated by this Agreement, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 5 contracts

Samples: Underwriting Agreement (National Fuel Gas Co), Underwriting Agreement (National Fuel Gas Co), Underwriting Agreement (National Fuel Gas Co)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds from the sale of the offeringSecurities or the Concurrent Securities, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 5 contracts

Samples: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)

OFAC. Neither the Company Company, any director or officer, nor, to the knowledge of the Company's knowledge, any director, officer, agent, employee, affiliate subsidiary or person acting on behalf Affiliate of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person Person currently subject to any U.S. sanctions administered by OFAC.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.), Securities Purchase Agreement (Amyris, Inc.)

OFAC. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its Subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering of the Securities, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 4 contracts

Samples: Terms Agreement (Telephone & Data Systems Inc /De/), Terms Agreement (Telephone & Data Systems Inc /De/), Terms Agreement (United States Cellular Corp)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not not, directly or indirectly indirectly, use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Monogram Biosciences, Inc.), Securities Purchase Agreement (NextWave Wireless Inc.), Securities Purchase Agreement (Vringo Inc)

OFAC. Neither the Company nor any director or officer of the Company, nor, to the knowledge of the Company, any director, officer, agent, employee, agent or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringOffering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 4 contracts

Samples: Underwriting Agreement (SMG Indium Resources Ltd.), Underwriting Agreement (SMG Indium Resources Ltd.), Underwriting Agreement (SMG Indium Resources Ltd.)

OFAC. Neither None of the Company noror, to the knowledge of the Company, any directorof its directors, officerofficers, agentagents, employeeemployees, affiliate affiliates or person persons acting on its behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 4 contracts

Samples: Underwriting Agreement (MF Global Holdings Ltd.), Underwriting Agreement (MF Global Holdings Ltd.), Underwriting Agreement (MF Global Holdings Ltd.)

OFAC. Neither the Company nor any Company Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any Company Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not not, directly or indirectly indirectly, use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiaryCompany Subsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Ener1 Inc), Securities Purchase Agreement (Ener1 Inc), Securities Purchase Agreement (Ener1 Inc)

OFAC. Neither the Company, any officer of the Company nor, to the knowledge of the Company, any officer, director, officer, agent, employee, agent or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 4 contracts

Samples: Co Manager Agreement (Smart Rx Systems Inc), Underwriting Agreement (Sanchez Energy Corp), Underwriting Agreement (Sanchez Energy Corp)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate Affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 4 contracts

Samples: Purchase Agreement (Tektronix Inc), Purchase Agreement (New River Pharmaceuticals Inc), Purchase Agreement (Anixter International Inc)

OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries, is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 4 contracts

Samples: Underwriting Agreement (Healthsouth Corp), Underwriting Agreement (Healthsouth Corp), Underwriting Agreement (Healthsouth Corp)

OFAC. Neither None of the Company Company, any Subsidiary nor, to the knowledge of the CompanyBorrower, any director, officer, agent, employee, affiliate director or person acting on behalf officer of the Company Borrower or any Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute Loans or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person currently Person subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Guarantee Agreement (Constellation Brands, Inc.), Restatement Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering of the Offered Securities, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Underwriting Agreement (New Media Investment Group Inc.), Underwriting Agreement (New Media Investment Group Inc.), Underwriting Agreement (New Media Investment Group Inc.)

OFAC. Neither the Company Company, any officer of the Company, Lazard nor, to the knowledge of the Company, Company any director, officer, agent, employee, agent or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company (either directly or through the Trust Account) will not directly or indirectly use the proceeds of the offeringOffering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Underwriting Agreement (Sapphire Industrials Corp.), Underwriting Agreement (Sapphire Industrials Corp.), Underwriting Agreement (Sapphire Industrials Corp.)

OFAC. Neither the Company nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); , and the Company will not intentionally directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Alexza Pharmaceuticals Inc.), Securities Purchase Agreement (SFX Entertainment, INC), Securities Purchase Agreement (Corcept Therapeutics Inc)

OFAC. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, representative, agent or affiliate or person acting on behalf of the Company or any of its Subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringPlacement contemplated hereby, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Placement Agency Agreement (Wireless Ronin Technologies Inc), Placement Agency Agreement (Wireless Ronin Technologies Inc), Placement Agency Agreement (Wireless Ronin Technologies Inc)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person whom the Company has knowledge is currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Underwriting Agreement (Discovery Laboratories Inc /De/), Underwriting Agreement (Discovery Laboratories Inc /De/), Underwriting Agreement (Discovery Laboratories Inc /De/)

OFAC. Neither the Company Company, nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp), Purchase Agreement (Hatteras Financial Corp)

OFAC. Neither the Company nor, to the knowledge of the Company, any directortrust manager, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Equity Offeringsm Sales Agreement (Weingarten Realty Investors /Tx/), Equity Offering Sales Agreement (Weingarten Realty Investors /Tx/), Terms Agreement (Weingarten Realty Investors /Tx/)

OFAC. Neither the Company nornor any of its directors, officers or any controlled affiliate or, to the knowledge of the Company’s knowledge, any director, officer, employee or agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); ) and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Underwriting Agreement (Rocket Fuel Inc.), Underwriting Agreement (Rocket Fuel Inc.), Underwriting Agreement (Rocket Fuel Inc.)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Underwriting Agreement (AutoGenomics, Inc.), Underwriting Agreement (AutoGenomics, Inc.), FutureFuel Corp.

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Treasure Department (“OFACOFCA”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFACOFCA.

Appears in 3 contracts

Samples: Purchase Agreement (GMX Resources Inc), Underwriting Agreement (Georesources Inc), Underwriting Agreement (Us Energy Corp)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or controlled affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not knowingly, directly or indirectly indirectly, use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Purchase Agreement (Danaher Corp /De/), Purchase Agreement (Danaher Corp /De/), Purchase Agreement (Danaher Corp /De/)

OFAC. Neither the Company nornor any of its Subsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee, affiliate employee or person acting on behalf Affiliate of the Company or any of its Subsidiaries is currently subject to any material U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); , and the Company will not directly or indirectly use the proceeds from the sale of the offering, Shares hereunder or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person Person currently subject to any U.S. sanctions administered by the OFAC.

Appears in 3 contracts

Samples: Common Stock Purchase Agreement (Zell Credit Opportunities Side Fund, L.P.), Common Stock Purchase Agreement (Dune Energy Inc), Common Stock Purchase Agreement (Strategic Value Partners, LLC)

OFAC. Neither the Company nor any Company Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any Company Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Investment Agreement (Seacoast Banking Corp of Florida), Investment Agreement (CapGen Capital Group III LP), Investment Agreement (Seacoast Banking Corp of Florida)

OFAC. Neither the Company nor, to the knowledge of the Company, the Existing Stockholder, or any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company (either or directly or through the Trust) will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Underwriting Agreement (First Class Navigation CORP), Underwriting Agreement (First Class Navigation CORP), Underwriting Agreement (First Class Navigation CORP)

OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, representative, agent or affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering of the Shares contemplated hereby, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, entity for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Terms Agreement (Sarepta Therapeutics, Inc.), Terms Agreement (Maxwell Technologies Inc), Terms Agreement (Sarepta Therapeutics, Inc.)

OFAC. Neither the Company nor any Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Purchase Agreement (DCT Industrial Trust Inc.), Purchase Agreement (DCT Industrial Trust Inc.), Agreement (DCT Industrial Trust Inc.)

OFAC. Neither None of the Company Parties nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of any of the Company Parties is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Underwriting Agreement (Vantage Energy Inc.), Underwriting Agreement (Rice Energy Inc.), Underwriting Agreement (Rice Energy Inc.)

OFAC. Neither the Company nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Purchase Agreement (Biomimetic Therapeutics, Inc.), Securities Purchase Agreement (Solta Medical Inc), Purchase Agreement (WaferGen Bio-Systems, Inc.)

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OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the this offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 3 contracts

Samples: Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp), Underwriting Agreement (Exact Sciences Corp)

OFAC. Neither the Company Corporation nor, to the knowledge of the CompanyCorporation, any director, officer, agent, employee, affiliate or person acting on behalf of the Company Corporation is currently subject to any U.S. United States sanctions administered by the Office of Foreign Assets Control of the U.S. United States Treasury Department (“OFAC”); and the Company Corporation will not directly or indirectly use the proceeds of the offeringOffering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. United States sanctions administered by OFAC.

Appears in 2 contracts

Samples: Agency Agreement (IntelGenx Technologies Corp.), |Agency Agreement (IntelGenx Technologies Corp.)

OFAC. Neither None of the Company norCompany, its subsidiaries or, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiaryof its subsidiaries, joint venture partner partners or other person or entityperson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Underwriting Agreement (Ctpartners Executive Search LLC), Agreement (Archipelago Learning, Inc.)

OFAC. Neither None of the Company noror, to the knowledge Knowledge of the Company, any director, officer, agent, employee, affiliate or person Person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person Person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Common Stock Purchase Agreement (Trius Therapeutics Inc), Common Stock Purchase Agreement (EnteroMedics Inc)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agentagent (while acting in such capacity), employee, affiliate employee or other person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Sales Agreement (Trevena Inc), Sales Agreement (Trevena Inc)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or other person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Treasure Department (“OFAC”); and the . The Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiaryof its subsidiaries, any joint venture partner or other person or entityperson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Purchase Agreement (Green Mountain Coffee Roasters Inc), Underwriting Agreement (Green Mountain Coffee Roasters Inc)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person whom the Company has knowledge is currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Terms Agreement (Old Dominion Freight Line Inc/Va), Terms Agreement (Discovery Laboratories Inc /De/)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. United States sanctions administered by the Office of Foreign Assets Control of the U.S. United States Treasury Department (“OFAC”); and the Company will not knowingly, directly or indirectly indirectly, use the proceeds of the offeringOffering, or knowingly lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. United States sanctions administered by OFAC.

Appears in 2 contracts

Samples: Investment Agreement, Investment Agreement (Chemesis International Inc.)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or the Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarythe Subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Purchase Agreement (Colony Financial, Inc.), Purchase Agreement (Colony Financial, Inc.)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds from the sale of the offeringSecurities, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Purchase Agreement (Equity One, Inc.), Purchase Agreement (Equity One, Inc.)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department ("OFAC"); and the Company will not not, directly or indirectly indirectly, use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Arotech Corp), Securities Purchase Agreement (Smith & Wesson Holding Corp)

OFAC. Neither the Company Company, nor, to the knowledge of Company’s knowledge, the Company, Sponsor or any director, officer, agent, employee, agent or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company (either directly or through the Trust) will not directly or indirectly use the proceeds of the offeringOffering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Capitol Acquisition Corp. II, Capitol Acquisition Corp. II

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate employee or person acting on behalf Affiliate of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringOffering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Underwriting Agreement (Perseon Corp), Underwriting Agreement (Perseon Corp)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, Subsidiary or joint venture partner of the Company or any Subsidiary or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Underwriting Agreement (Inland Real Estate Corp), Purchase Agreement (Inland Real Estate Corp)

OFAC. Neither the The Company is not, nor, to the knowledge of the Company, is any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Underwriting Agreement (Aegerion Pharmaceuticals, Inc.), Underwriting Agreement (Aegerion Pharmaceuticals, Inc.)

OFAC. Neither None of the Company Parties nor, to the knowledge of the Company, any director, officer, agent, employee, employee or controlled affiliate or person acting on behalf of any of the Company Parties is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Underwriting Agreement (Rice Energy Inc.), Underwriting Agreement (Rice Energy Inc.)

OFAC. Neither the Company nor, to the knowledge nor any of the Company, its subsidiaries nor any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering of the shares of Preferred Stock, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Broadfin Capital, LLC), Securities Purchase Agreement (Biodelivery Sciences International Inc)

OFAC. Neither None of the Company noror, to the knowledge of the Company, any director, officer, agent, employee, affiliate or other person acting on behalf of the Company is currently the subject to of any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringsale of the Securities, or lend, contribute or otherwise make available such proceeds to any subsidiary, of its joint venture partner partners or other person or entityperson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Underwriting Agreement (Achillion Pharmaceuticals Inc), Underwriting Agreement (Achillion Pharmaceuticals Inc)

OFAC. Neither None of the Company Company, any Subsidiary nor, to the knowledge of a Responsible Officer of the Company, any director, officer, agent, employee, affiliate director or person acting on behalf officer of the Company or any Subsidiary is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company Borrowers will not directly or indirectly use the proceeds of the offering, or lend, contribute any extensions of credit hereunder or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entityPerson, for the purpose of financing the activities of any person currently Person subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Assignment and Assumption (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)

OFAC. Neither the Company nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering of the Shares, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Note Purchase Agreement (Anthera Pharmaceuticals Inc), Stock Purchase Agreement (Anthera Pharmaceuticals Inc)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds from the sale of the offeringSecurities or the Concurrent Securities, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Underwriting Agreement (Equity One, Inc.), Underwriting Agreement (Equity One, Inc.)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department ("OFAC"); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person or entity currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Purchase Agreement (National Energy Resources Acquisition CO), Purchase Agreement (National Energy Resources Acquisition CO)

OFAC. Neither the Company nor, to the knowledge of the CompanyTHL Entities, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringsale of the IPO Securities, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner partners or other person or entityperson, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Purchase Agreement (THL Credit, Inc.), Form of Purchase Agreement (THL Credit, Inc.)

OFAC. Neither the Company Corporation nor, to the knowledge of the CompanyCorporation, any director, officer, agent, employee, affiliate or person acting on behalf of the Company Corporation is currently subject to any U.S. United States sanctions administered by the Office of Foreign Assets Control of the U.S. United States Treasury Department ("OFAC"); and the Company Corporation will not directly or indirectly use the proceeds of the offeringOffering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. United States sanctions administered by OFAC.

Appears in 2 contracts

Samples: Agency Agreement (IntelGenx Technologies Corp.), Agency Agreement (IntelGenx Technologies Corp.)

OFAC. Neither the Company nornor any director, officer or affiliate or, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, affiliate agent or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Underwriting Agreement (Compuware Corp), Underwriting Agreement (Proofpoint Inc)

OFAC. Neither None of the Company noror, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company Company, is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringOffering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Agency Agreement (Aradigm Corp), Agency Agreement (Aradigm Corp)

OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company Company, is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Underwriting Agreement (National Fuel Gas Co), Underwriting Agreement (National Fuel Gas Co)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate employee or other person acting on behalf of the Company Company, is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Purchase Agreement Purchase Agreement (Endologix Inc /De/), Terms Agreement (Endologix Inc /De/)

OFAC. Neither the Company nor, nor to the Company’s knowledge of the Company, any director, officer, agentaffiliate, employee, affiliate agent or other person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Subscription Agreement (AC Immune SA), Subscription Agreement (AC Immune SA)

OFAC. Neither the The Company and each of its subsidiaries are not, nor, to the knowledge of the Company, is any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is or any of its subsidiaries currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Underwriting Agreement (Aegerion Pharmaceuticals, Inc.), Underwriting Agreement (Aegerion Pharmaceuticals, Inc.)

OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Agency Agreement (Shaw Communications Inc), Agency Agreement (Shaw Communications Inc)

OFAC. Neither the Company nor any of its subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries, is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offeringoffering of the Shares, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Digital Domain), Stock Purchase Agreement (Digital Domain Media Group, Inc.)

OFAC. Neither None of the Company norCompany, its Subsidiaries or, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its Subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiarySubsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Purchase Agreement (Phunware, Inc.), Purchase Agreement (Clene Inc.)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company or any of its subsidiaries is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department ("OFAC"); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiaryaffiliate, joint venture partner or other person or entity, which, to the Company's knowledge, will use such proceeds for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Placement Agency Agreement (Magnum Hunter Resources Corp), Evolution Petroleum Corp

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for with the purpose of financing intent to finance the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Purchase Agreement (Iconix Brand Group, Inc.), Purchase Agreement (Iconix Brand Group, Inc.)

OFAC. Neither the Company nor, to the knowledge of the Company, any director, officer, agent, employee, affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Department of Treasury Department (“OFAC”); and the Company will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Underwriting Agreement (Globalstar, Inc.), Underwriting Agreement (Globalstar, Inc.)

OFAC. Neither the The Company norand, to the knowledge of the Company, any director, officer, agent, employee, affiliate or other person acting on behalf of the Company is are not currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company will not directly or indirectly use any of the proceeds from the sale of Securities in the offeringoffering contemplated by this Agreement, or lend, contribute or otherwise make available any such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Underwriting Agreement (Tracon Pharmaceuticals, Inc.), Underwriting Agreement (Tracon Pharmaceuticals, Inc.)

OFAC. Neither the Company Company, nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee, agent or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); and the Company (either directly or through the Trust) will not directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Capitol Acquisition Corp, Capitol Acquisition Corp

OFAC. Neither the Company nor, to the knowledge of the Company’s Knowledge, any director, officer, agent, employee, employee or affiliate or person acting on behalf of the Company is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”); , and the Company will not intentionally directly or indirectly use the proceeds of the offering, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other person or entity, for the purpose of financing the activities of any person currently subject to any U.S. sanctions administered by OFAC.

Appears in 2 contracts

Samples: Warrant Purchase Agreement (Corcept Therapeutics Inc), Warrant Purchase Agreement (Corcept Therapeutics Inc)

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