Common use of Prohibited Persons Clause in Contracts

Prohibited Persons. The Borrowers covenant and agree that no Borrower Party, nor any of their respective Affiliates, officers, directors, partners or members will knowingly: (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person; or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in EO13224. The Borrowers further covenants and agrees to deliver (from time to time) to Lender any such certification or other evidence as may be requested by Lender in its sole and absolute discretion, confirming that: (i) neither any Borrower Party, nor their respective officers, directors, partners, members or Affiliates, is a Prohibited Person; and (ii) neither any Borrower Party, nor their respective officers, directors, partners, members or Affiliates, has to its Knowledge engaged in any business, transaction or dealings with a Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person.

Appears in 10 contracts

Samples: Loan and Security Agreement (Lodgian Inc), Loan and Security Agreement (Lodgian Inc), Loan and Security Agreement (Lodgian Inc)

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Prohibited Persons. The Borrowers covenant Borrower covenants and agree that no Borrower Partynone of Borrower, nor Guarantor, or any of their respective Affiliates, officers, directors, partners or members will knowingly: (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person; or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in EO13224. The Borrowers Borrower further covenants and agrees to deliver (from time to time) to Lender any such certification or other evidence as may be reasonably requested by Lender in its sole and absolute discretionLender, confirming that: (i) neither none of Borrower, Guarantor or any Borrower Party, nor of their respective officers, directors, partners, members or Affiliates, Affiliates is a Prohibited Person; and (ii) neither any Borrower Partynone of Borrower, nor Guarantor or their respective officers, directors, partners, members or Affiliates, Affiliates has to its Knowledge knowledge engaged in any business, transaction or dealings with a Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person.

Appears in 3 contracts

Samples: Loan and Security Agreement (TPG RE Finance Trust, Inc.), Loan and Security Agreement (TPG RE Finance Trust, Inc.), Loan and Security Agreement (TPG RE Finance Trust, Inc.)

Prohibited Persons. The Borrowers covenant Borrower covenants and agree agrees that no Borrower Party, nor any of their respective Affiliates, officers, directors, partners or members will knowingly: (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person; or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in EO13224. The Borrowers Borrower further covenants and agrees to deliver (from time to time) to Lender any such certification or other evidence as may be requested by Lender in its sole and absolute discretion, confirming that: (i) neither any Borrower Party, nor their respective officers, directors, partners, members or Affiliates, is a Prohibited Person; and (ii) neither any Borrower Party, nor their respective officers, directors, partners, members or Affiliates, has to its Knowledge engaged in any business, transaction or dealings with a Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Lodgian Inc), Mezzanine Loan Agreement (Lodgian Inc)

Prohibited Persons. The Borrowers covenant and agree that no Borrower Partynone of Borrowers, Guarantor, nor any of their respective Affiliates, officers, directors, partners or members will knowingly: (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person; or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in EO13224. The Borrowers further covenants covenant and agrees agree to deliver (from time to time) to Lender any such certification or other evidence as may be requested by Lender in its sole and absolute discretion, confirming that: (ix) neither any Borrower Partynone of Borrowers, Guarantor, nor their respective officers, directors, partners, members or Affiliates, Affiliates is a Prohibited Person; and (iiy) neither any Borrower Partynone of Borrowers, Guarantor, nor their respective officers, directors, partners, members or Affiliates, Affiliates has to its Knowledge knowledge engaged in any business, business transaction or dealings with a Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person.

Appears in 2 contracts

Samples: Loan and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Loan and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)

Prohibited Persons. The Borrowers covenant Borrower covenants and agree agrees that no Borrower Partynone of Borrower, nor Guarantor or any of their respective Affiliates, officers, directors, partners partners, investors, shareholders or members will knowingly: (ia) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person; or (iib) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in EO13224. The Borrowers Borrower further covenants and agrees to deliver (from time to time) to Lender any such certification or other evidence as may be requested by Lender in its sole and absolute discretion, confirming that: (i) neither none of Borrower, Guarantor or any Borrower Party, nor of their respective Affiliates, officers, directors, partners, investors, shareholders or members or Affiliates, is a Prohibited Person; and (ii) neither none of Borrower, Guarantor or any Borrower Party, nor of their respective Affiliates, officers, directors, partners, investors, shareholders or members or Affiliates, has to its Knowledge knowledge engaged in any business, transaction or dealings with a Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person.

Appears in 2 contracts

Samples: Loan and Security Agreement (NexPoint Real Estate Finance, Inc.), Loan and Security Agreement (NexPoint Real Estate Finance, Inc.)

Prohibited Persons. The Borrowers covenant Borrower covenants and agree agrees that no Borrower Partyneither Borrower, Guarantor, nor any of their respective Affiliates, officers, directors, partners or members will knowingly: (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person; or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in EO13224. The Borrowers Borrower further covenants and agrees to deliver (from time to time) to Lender any such certification or other evidence as may be requested by Lender in its sole and absolute discretion, confirming that: (i) 8) neither any Borrower PartyBorrower, Guarantor, nor their respective officers, directors, partners, members or Affiliates, Affiliates is a Prohibited Person; and (ii) neither any Borrower PartyBorrower, Guarantor, nor their respective officers, directors, partners, members or Affiliates, Affiliates has to its Knowledge knowledge engaged in any business, business transaction or dealings with a Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Investors Real Estate Trust)

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Prohibited Persons. The Borrowers covenant and agree that no Borrower Party, nor any of their respective Affiliates, officers, directors, partners or members will knowingly: (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person; or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in EO13224. The Borrowers further covenants and agrees to deliver (from time to time) to Lender any such certification or other evidence as may be requested by Lender in its sole and absolute discretion, confirming that: (i) neither any Borrower Party, nor their respective officers, directors, partners, members or Affiliates, is a Prohibited Person; and (ii) neither any Borrower Party, nor their respective officers, directors, partners, members or Affiliates, has to its Knowledge engaged in any business, transaction or dealings with a Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person............................... 71 ARTICLE VI RESERVES............................................................................................. 72

Appears in 1 contract

Samples: Loan and Security Agreement (Lodgian Inc)

Prohibited Persons. The Borrowers covenant Borrower covenants and agree agrees that no neither Borrower Party, nor any of their respective its Affiliates, officers, directors, partners or members will knowingly: (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person; or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in EO13224. The Borrowers Borrower further covenants and agrees to deliver (from time to time) to Lender any such certification or other evidence as may be requested by Lender in its sole and absolute discretion, confirming that: (i) neither Borrower nor any Borrower Party, nor their respective of its officers, directors, partners, members or Affiliates, Affiliates is a Prohibited Person; and (ii) neither any Borrower Party, nor their respective its officers, directors, partners, members or Affiliates, Affiliates has to its Knowledge knowledge engaged in any business, transaction or dealings with a Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person.

Appears in 1 contract

Samples: Security Agreement (Ares Commercial Real Estate Corp)

Prohibited Persons. The Borrowers covenant and agree that no Borrower Partyneither Borrowers, Guarantor, Environmental Indemnitor nor any of their respective Affiliates, officers, directors, partners or members will knowingly: (i) conduct any business, nor engage in any transaction or dealing, with any Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person; or (ii) engage in or conspire to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in EO13224. The Borrowers further covenants covenant and agrees agree to deliver (from time to time) to Lender any such certification or other evidence as may be requested by Lender in its sole and absolute discretion, confirming that: (i) neither any Borrower Partynone of the Borrowers, Sole Member, Guarantor, Environmental Indemnitor nor their respective officers, directors, partners, members or Affiliates, Affiliates is a Prohibited Person:; and (ii) neither any Borrower Partynone of the Borrowers, Sole Member, Guarantor, Environmental Indemnitor nor their respective officers, directors, partners, members or Affiliates, Affiliates has to its Knowledge knowledge engaged in any business, business transaction or dealings with a Prohibited Person, including, but not limited to, the making or receiving of any contribution of funds, goods, or services, to or for the benefit of a Prohibited Person.

Appears in 1 contract

Samples: Loan and Security Agreement (Education Realty Trust, Inc.)

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