Common use of Questionable Payments Clause in Contracts

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 104 contracts

Samples: Securities Purchase Agreement (Parametric Sound Corp), Purchase Agreement (Velocity Express Corp), Purchase Agreement (Remedent, Inc.)

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Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 30 contracts

Samples: Securities Exchange Agreement (Antares Pharma Inc), Purchase Agreement (Tarantella Inc), Subordination Agreement (Overland Storage Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 26 contracts

Samples: Purchase Agreement (Vuance), Purchase Agreement (C-Chip Technologies Corp), Purchase Agreement (Vitalstream Holdings Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 21 contracts

Samples: Securities Purchase Agreement (Cryoport, Inc.), Purchase Agreement (PRECISION OPTICS Corp INC), Securities Purchase Agreement (American Virtual Cloud Technologies, Inc.)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledgeknowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 17 contracts

Samples: Securities Purchase Agreement (XLR Medical Corp.), Securities Purchase Agreement (La Rosa Holdings Corp.), Securities Purchase Agreement (1847 Holdings LLC)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledgeknowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 17 contracts

Samples: Securities Purchase Agreement (Hudson Holding Corp), Securities Purchase Agreement (Tanke Biosciences Corp), Securities Purchase Agreement (China Broadband Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries Subsidiaries, nor their respective directors, officers or employees nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 13 contracts

Samples: Bridge Loan Agreement (Smart Move, Inc.), Purchase Agreement (Pegasi Energy Resources Corporation.), Purchase Agreement (ALL Fuels & Energy Co)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 11 contracts

Samples: Recapitalization Agreement (World Heart Corp), Purchase Agreement (Alliance Pharmaceutical Corp), Purchase Agreement (Antares Pharma Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) taken any actions that would violate the U.S. Foreign Corrupt Practices Act of 1977, as amended.

Appears in 10 contracts

Samples: Securities Purchase Agreement (Emerald Dairy Inc), Securities Purchase Agreement (Emerald Dairy Inc), Securities Purchase Agreement (China Sky One Medical, Inc.)

Questionable Payments. Neither the Company nor any of its Subsidiaries subsidiaries nor, to the Company’s Knowledgeknowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiarysubsidiary, has on behalf of the Company or any Subsidiary subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiarysubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Assure Holdings Corp.), Securities Purchase Agreement (Akerna Corp.), Securities Purchase Agreement (Assure Holdings Corp.)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has has, on behalf of the Company or any Subsidiary or in connection with their respective businesses: , (ai) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; , (bii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; , (ciii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; , (div) made any false or fictitious entries on the books and records of the Company or any Subsidiary; , or (ev) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 7 contracts

Samples: Purchase Agreement (Sphere 3D Corp), Purchase Agreement (Sphere 3D Corp), Subscription Agreement (Sphere 3D Corp)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has has, on behalf of the Company or any Subsidiary or in connection with their respective businesses: , (ai) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; , (bii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; , (ciii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; , (div) made any false or fictitious entries on the books and records of the Company or any Subsidiary; , or (ev) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 7 contracts

Samples: Purchase Agreement (Sphere 3D Corp), Purchase Agreement (Sphere 3D Corp), Purchase Agreement (MacFarlane Family Ventures, LLC)

Questionable Payments. Neither the Company ZBB nor any of its Subsidiaries nor, to the CompanyZBB’s Knowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company ZBB or any Subsidiary, has on behalf of the Company ZBB or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company ZBB or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 4 contracts

Samples: Stock Purchase Agreement (ZBB Energy Corp), Stock Purchase Agreement (ZBB Energy Corp), Stock Purchase Agreement (ZBB Energy Corp)

Questionable Payments. Neither the Acquiror Company nor any of its Subsidiaries nor, to the Acquiror Company’s Knowledge, any of their respective its current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any SubsidiaryAcquiror Company, has on behalf of the Acquiror Company or any Subsidiary or in connection with their respective the Acquiror Company’s businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any SubsidiaryAcquiror Company; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 4 contracts

Samples: Share Exchange Agreement (Bay Peak 1 Opportunity Corp.), Share Exchange Agreement (Birch Branch Inc), Share Exchange Agreement (Afh Holding Ii, Inc.)

Questionable Payments. Neither the Company nor any of its --------------------- Subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 3 contracts

Samples: Purchase Agreement (Amerigon Inc), Exchange Agreement (Amerigon Inc), Purchase Agreement (Amerigon Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (ai) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (bii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (ciii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (div) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (ev) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Biosphere Medical Inc), Securities Purchase Agreement (Alliance Pharmaceutical Corp), Senior Convertible Promissory Note Purchase Agreement (Alliance Pharmaceutical Corp)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, nor any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons persons or entities acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Imcor Pharmaceutical Co), Securities Purchase Agreement (Imcor Pharmaceutical Co), Registration Rights Agreement (Photogen Technologies Inc)

Questionable Payments. Neither the Company nor any of its the Subsidiaries nor, to the Company’s Knowledgeknowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Olympus Pacific Minerals Inc), Securities Purchase Agreement (Olympus Pacific Minerals Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries Subsidiaries, directors or officers, nor, to the Company’s 's Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Purchase Agreement (Vitalstream Holdings Inc), Purchase Agreement (Vitalstream Holdings Inc)

Questionable Payments. Neither the Company Ethema nor any of its Subsidiaries nor, to the Company’s Knowledgeknowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons persons acting on behalf of the Company Ethema or any Subsidiary, has on behalf of the Company Ethema or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company Ethema or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Securities Purchase Agreement (ETHEMA HEALTH Corp), Securities Purchase Agreement (ETHEMA HEALTH Corp)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (ai) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (bii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (ciii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (div) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (ev) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Molecular Insight Pharmaceuticals, Inc.), Securities Purchase Agreement (Molecular Insight Pharmaceuticals, Inc.)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge's knowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Secured Note Purchase Agreement (Alliance Pharmaceutical Corp), Convertible Secured Note Purchase Agreement (Alliance Pharmaceutical Corp)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledgeknowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Convertible Secured Note Purchase Agreement (Photogen Technologies Inc), Investment Unit Purchase Agreement (NationsHealth, Inc.)

Questionable Payments. Neither the Company nor any of its Subsidiaries subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiarysubsidiary, has on behalf of the Company or any Subsidiary subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any SubsidiaryCompany; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Purchase Agreement (Visionics Corp), Purchase Agreement (Visionics Corp)

Questionable Payments. Neither the Company nor any of its Subsidiaries subsidiaries nor, to the Company’s Knowledgeknowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiarysubsidiary, has has, on behalf of the Company or any Subsidiary subsidiary or in connection with their respective businesses: , (ai) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; , (bii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; , (ciii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; , (div) made any false or fictitious entries on the books and records of the Company or any Subsidiary; subsidiary, or (ev) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Purchase Agreement (BioPharmX Corp), Purchase Agreement (BioPharmX Corp)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any SubsidiaryCompany; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Debenture and Warrant Purchase Agreement (Antares Pharma Inc), Debenture and Warrant Purchase Agreement (Antares Pharma Inc)

Questionable Payments. Neither the Company Parent nor any of its Subsidiaries nor, to the CompanyParent’s Knowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company Parent or any Subsidiaryof its Subsidiaries, has on behalf of the Company Parent or any Subsidiary of its Subsidiaries or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company Parent or any Subsidiaryof its Subsidiaries; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Overland Storage Inc), Agreement and Plan of Merger (Sphere 3D Corp)

Questionable Payments. Neither the Company nor any of --------------------- its Subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Purchase Agreement (Telular Corp), Purchase Agreement (Vantagemed Corp)

Questionable Payments. Neither the Company NVOS nor any of its Subsidiaries nor, to the Company’s Knowledgeknowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Novo Integrated Sciences, Inc.), Securities Purchase Agreement (Novo Integrated Sciences, Inc.)

Questionable Payments. Neither the Company nor any of its Subsidiaries subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiarysubsidiary, has on behalf of the Company or any Subsidiary subsidiary or in connection with their respective businesses: (ai) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (bii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (ciii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (div) made any false or fictitious entries on the books and records of the Company or any Subsidiarysubsidiary; or (ev) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Solar Energy Initiatives, Inc.), Securities Purchase Agreement (GigOptix, Inc.)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledgeknowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Securities Purchase Agreement (1847 Holdings LLC), Securities Purchase Agreement (Nexeon Medsystems Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (ai) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (bii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (ciii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (div) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (ev) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Loan and Security Agreement (Overland Storage Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to knowledge of the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Investment Agreement (Cas Medical Systems Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiarysubsidiary, has on behalf of the Company or any Subsidiary subsidiary or in connection with their respective businesses: (ai) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (bii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (ciii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (div) made any false or fictitious entries on the books and records of the Company or any Subsidiarysubsidiary; or (ev) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Securities Purchase Agreement (First China Pharmaceutical Group, Inc.)

Questionable Payments. Neither the Company nor any of its Subsidiaries norSubsidiaries, nor to the Company’s Knowledge, Knowledge any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiaryof its Subsidiaries, has on behalf of the Company or any Subsidiary of its Subsidiaries or in connection with their respective businessesits business: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiaryof its Subsidiaries; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Note Purchase Agreement (Rx Staffing, Inc.)

Questionable Payments. Neither the Company nor any of its Subsidiaries the Subsidiary nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any the Subsidiary, has on behalf of the Company or any the Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any the Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Purchase Agreement (Aeolus Pharmaceuticals, Inc.)

Questionable Payments. Neither the Company Parent nor any of its the Parent Subsidiaries nor, to the CompanyParent’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company Parent or any Parent Subsidiary, has on behalf of the Company Parent or any Parent Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any SubsidiaryParent; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Debenture and Warrant Purchase Agreement (Incara Inc)

Questionable Payments. Neither the Company nor any of Company, its Subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents agents, or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses, has: (a) used any corporate funds for unlawful contributions, gifts, entertainment entertainment, or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback kickback, or other unlawful payment of any nature.. Revised and Restated 4/18/2006 12 Effective as of 12/12/05

Appears in 1 contract

Samples: Stock Purchase Agreement (Aradyme Corp)

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Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledgeknowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) intentionally made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Securities Purchase Agreement (A21 Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.. Exhibit 10.1

Appears in 1 contract

Samples: Securities Purchase Agreement (Graphon Corp/De)

Questionable Payments. Neither the Company Parent nor any of its Subsidiaries nor, to the Company’s Parent's Knowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company Parent or any Subsidiaryof its Subsidiaries, has on behalf of the Company Parent or any Subsidiary of its Subsidiaries or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company Parent or any Subsidiaryof its Subsidiaries; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sphere 3D Corp)

Questionable Payments. Neither the Company nor any of its Subsidiaries subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiarysubsidiary, has on behalf of the Company or any Subsidiary subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiarysubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Unit Purchase Agreement (StrikeForce Technologies Inc.)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledgeknowledge, any of their respective current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiaryof its Subsidiaries, has on behalf of the Company or any Subsidiary or in connection with their respective businessesof its Subsidiaries: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate fundsemployees; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiaryof its Subsidiaries; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Share Subscription Agreement (Altair Nanotechnologies Inc)

Questionable Payments. Neither the Company nor any of its ---------------------- Subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Purchase Agreement (Locateplus Holdings Corp)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated in any material respect any provision of the U.S. Foreign Corrupt Practices Act of 1977.

Appears in 1 contract

Samples: Purchase Agreement (Novatel Wireless Inc)

Questionable Payments. Neither the Company nor any of Company, its Subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents agents, or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses, has: (a) used any corporate funds for unlawful contributions, gifts, entertainment entertainment, or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback kickback, or other unlawful payment of any nature.

Appears in 1 contract

Samples: Stock Purchase Agreement (Aradyme Corp)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Purchase Agreement (Ibis Technology Corp)

Questionable Payments. Neither the Company nor any of Solesys, its Subsidiaries nor, to the Company’s Whitefields’ Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents agents, or other Persons acting on behalf of the Company Solesys or any Subsidiary, has on behalf of the Company Solesys or any Subsidiary or in connection with their respective businesses, has: (a) used any corporate funds for unlawful contributions, gifts, entertainment entertainment, or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company Solesys or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback kickback, or other unlawful payment of any nature.

Appears in 1 contract

Samples: Stock Purchase Agreement (Intelligent Communication Enterprise Corp)

Questionable Payments. Neither the Company nor any of its the Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) knowingly made any false or fictitious entries on the books and records of the Company or any SubsidiaryCompany; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Purchase Agreement (Incara Pharmaceuticals Corp)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any intentionally false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Securities Purchase Agreement (Toledano Udi)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge's knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Securities Purchase Agreement (Amtrust International Insurance LTD)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledgeknowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any foreign or domestic governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Securities Purchase Agreement (China Broadband Inc)

Questionable Payments. Neither the Company Alanco nor any of its Subsidiaries nor, to the Company’s Alanco's Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company Alanco or any Subsidiary, has on behalf of the Company Alanco or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company Alanco or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Stock Purchase Agreement (Alanco Technologies Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; provided, however that the Investors acknowledge and agree that the foregoing representations are made without inquiry by the executive officers of the Company of any of the former stockholders of the Company.

Appears in 1 contract

Samples: Purchase Agreement (Planetout Inc)

Questionable Payments. Neither the Company nor any of its the Company Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Company Subsidiary, has on behalf of the Company or any Company Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any SubsidiaryCompany; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Debenture and Warrant Purchase Agreement (Incara Inc)

Questionable Payments. Neither the Company nor any of Company, its Subsidiaries nor, to the Company’s Knowledge, any of their its respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiaryits Subsidiaries, has on behalf of the Company or any Subsidiary Company, its Subsidiaries or in connection with their respective businessesbusiness: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiaryits Subsidiaries; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature. Neither the Company, any Subsidiary nor, to the Company’ Knowledge, any employee of the Company or any Subsidiary has violated the United States Foreign Corrupt Practices Act, as amended, in any material respect.

Appears in 1 contract

Samples: Purchase Agreement (LCC International Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries subsidiaries nor, to the Company’s Knowledgeknowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiarysubsidiary, has on behalf of the Company or any Subsidiary subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiarysubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Securities Purchase Agreement (Assure Holdings Corp.)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their the respective businessesbusinesses of the Company or any Subsidiary: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Purchase Agreement (Aehr Test Systems)

Questionable Payments. Neither the Company Long-E nor any of its Subsidiaries nor, to the CompanyLong-E’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company Long-E or any Subsidiary, has on behalf of the Company Long-E or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company Long-E or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Securities Purchase Agreement (Long-E International, Inc.)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company’s Knowledge, any of their respective its current or former stockholders, directors, officers, employees, agents or other Persons acting persons on behalf of the Company or any Subsidiaryof its Subsidiaries, has on behalf of the Company or any Subsidiary of its Subsidiaries or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from form corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) other than as set forth in the 2003 10-K, made any false or fictitious entries on the books and records of the Company or any SubsidiaryCompany; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Securities Purchase Agreement (Interpool Inc)

Questionable Payments. Neither To the Company Knowledge of Seller, neither Seller, nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholdersshareholders, directors, executives, officers, employeesrepresentatives, agents or other Persons employees of Seller (when acting in such capacity or otherwise on behalf of the Company Seller or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: its predecessors): (a) has used or is using any corporate funds for unlawful any illegal contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made has used or is using any corporate funds for any direct or indirect unlawful payments to any governmental foreign or domestic government officials or employees from corporate fundsemployees; (c) has established or maintained maintained, or is maintaining, any unlawful or unrecorded fund of corporate monies or other assetsproperties; (d) has made any false or fictitious entries on the books and records of the Company or any SubsidiarySeller; or (e) has made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any naturenature using corporate funds or otherwise on behalf of Seller.

Appears in 1 contract

Samples: Asset Purchase Agreement (Knoll Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employeesemplo yees, agents or other Persons acting on behalf of the Company or any Subsidiary, has on behalf of the Company or any Subsidiary or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Purchase Agreement (Lustros Inc.)

Questionable Payments. Neither the Company Company, any of its directors, officers or employees nor any of its Subsidiaries norSubsidiaries, or, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, its agents or other Persons acting on behalf of the Company or any Subsidiaryof its Subsidiaries, has on behalf of the Company or any Subsidiary of its Subsidiaries or in connection with their respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiaryof its Subsidiaries; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 1 contract

Samples: Securities Purchase Agreement (Jazz Pharmaceuticals Inc)

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