Questionable Payments. To the Borrower’s Knowledge, none of its current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Borrower, has on behalf of the Borrower or in connection with its business: (i) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (iv) made any false or fictitious entries on the books and records of the Borrower; or (v) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Spendsmart Networks, Inc.), Securities Purchase Agreement (Spendsmart Networks, Inc.), Securities Purchase Agreement (Spendsmart Networks, Inc.)
Questionable Payments. To the Borrowerbest of Company’s Knowledge, none of its current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the BorrowerCompany, has on behalf of the Borrower Company or in connection with its business: (i) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (iv) made any false or fictitious entries on the books and records of the BorrowerCompany; or (v) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 6 contracts
Sources: Securities Purchase Agreement (Hooper Holmes Inc), Securities Purchase Agreement (Hooper Holmes Inc), Securities Purchase Agreement (Hooper Holmes Inc)
Questionable Payments. To Neither the BorrowerCompany nor, to the Company’s Knowledgeknowledge, none any of its current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the BorrowerCompany, has on behalf of the Borrower Company or in connection with its business: (ia) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iiic) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (ivd) made any false or fictitious entries on the books and records of the BorrowerCompany; or (ve) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 5 contracts
Sources: Common Stock and Warrant Purchase Agreement (Ats Medical Inc), Common Stock and Warrant Purchase Agreement (Sunesis Pharmaceuticals Inc), Common Stock and Warrant Purchase Agreement (Sunesis Pharmaceuticals Inc)
Questionable Payments. To the BorrowerCompany’s Knowledge, none of its current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the BorrowerCompany, has on behalf of the Borrower Company or in connection with its business: (i) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (iv) made any false or fictitious entries on the books and records of the BorrowerCompany; or (v) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 4 contracts
Sources: Securities Purchase Agreement (Cytosorbents Corp), Securities Purchase Agreement (MYOS Corp), Securities Purchase Agreement (Multimedia Platforms Inc.)
Questionable Payments. To the Borrower’s KnowledgeKnowledge of the Company, none no member of its current the Company Group nor any of their directors or former stockholders, directors, officers, employees, agents officers or any other Persons acting on behalf of the BorrowerCompany Group, has on behalf of any member of the Borrower Company Group or in connection with its businesstheir respective businesses: (i) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; , (ii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; , (iii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; , (iv) made any false or fictitious entries on the books and records of the Borrower; Company Group or (v) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 3 contracts
Sources: Series C Convertible Preferred Stock and Warrant Purchase Agreement (Abry Mezzanine Partners Lp), Series C Convertible Preferred Stock and Warrant Purchase Agreement (SoftBrands, Inc.), Series D Convertible Preferred Stock and Warrant Purchase Agreement (SoftBrands, Inc.)
Questionable Payments. To Neither the BorrowerCompany nor, to the Company’s Knowledge, none any of its respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the BorrowerCompany, has on behalf of the Borrower Company or in connection with its business: (ia) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iiic) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (ivd) made any false or fictitious entries on the books and records of the BorrowerCompany; or (ve) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 3 contracts
Sources: Purchase Agreement (Avalon Pharmaceuticals Inc), Purchase Agreement (Avalon Pharmaceuticals Inc), Purchase Agreement (Avalon Pharmaceuticals Inc)
Questionable Payments. To Neither the BorrowerCompany nor, to the Company’s Knowledge, none any of its current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the BorrowerCompany, has on behalf of the Borrower Company or in connection with its business: (ia) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iiic) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (ivd) made any false or fictitious entries on the books and records of the BorrowerCompany; or (ve) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 2 contracts
Sources: Securities Purchase Agreement (Cue Biopharma, Inc.), Securities Purchase Agreement (Cue Biopharma, Inc.)
Questionable Payments. To the Borrower’s Company's Knowledge, none of its current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the BorrowerCompany, has on behalf of the Borrower Company or in connection with its business: (i) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (iv) made any false or fictitious entries on the books and records of the BorrowerCompany; or (v) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 1 contract
Questionable Payments. To Neither the BorrowerCompany nor, to the Company’s Knowledge, none any of its current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the BorrowerCompany, has on behalf of the Borrower Company or in connection with its businesstheir respective businesses: (ia) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iiic) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (ivd) made any false or fictitious entries on the books and records of the BorrowerCompany; or (ve) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 1 contract
Sources: Purchase Agreement (Audible Inc)
Questionable Payments. To Neither the BorrowerCompany nor, to the Company’s Knowledge, none any of its their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the BorrowerCompany, has on behalf of the Borrower Company or in connection with its business: (ia) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iiic) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (ivd) made any false or fictitious entries on the books and records of the BorrowerCompany; or (ve) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 1 contract
Sources: Securities Purchase Agreement (Palatin Technologies Inc)
Questionable Payments. To Neither the BorrowerCompany nor, to the Company’s Knowledge, none any of its current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the BorrowerCompany, has on behalf of the Borrower Company or in connection with its business: (ia) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iiic) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (ivd) made any false or fictitious entries on the books and records of the BorrowerCompany; or (ve) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 1 contract
Sources: Securities Purchase Agreement (Provention Bio, Inc.)
Questionable Payments. To The Company has not, nor, to the Borrowerknowledge of the Company’s KnowledgeChief Executive Officer and Chief Financial Officer, none has any of its current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Borrower, has on behalf of the Borrower or in connection with its businessCompany: (ia) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iiic) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (ivd) made any false or fictitious entries on the books and records of the BorrowerCompany; or (ve) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 1 contract
Sources: Stock Purchase Agreement (Regeneration Technologies Inc)
Questionable Payments. To Neither the BorrowerCompany nor any of its directors, officers or employees, or, to the Company’s Knowledge, none any of its current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the BorrowerCompany, has on behalf of the Borrower Company or in connection with its business: (ia) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iiic) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (ivd) made any false or fictitious entries on the books and records of the BorrowerCompany; or (ve) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 1 contract
Sources: Securities Purchase Agreement (Sunesis Pharmaceuticals Inc)
Questionable Payments. To Neither the BorrowerCompany nor, to the Company’s Knowledgeknowledge, none any of its respective current or former stockholders, directors, officers, employees, agents or other Persons persons acting on behalf of the BorrowerCompany, has on behalf of the Borrower Company or in connection with its business: (i) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (iv) made any false or fictitious entries on the books and records of the BorrowerCompany; or (v) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 1 contract
Questionable Payments. To Neither the BorrowerBuyer nor, to the Buyer’s Knowledgeknowledge, none any of its current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the BorrowerBuyer, has on behalf of the Borrower Buyer or in connection with any of its businessSubsidiaries: (ia) used any corporate company funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payments to any governmental officials or employees from corporate fundsemployees; (iiic) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (ivd) made any false or fictitious entries on the books and records of the BorrowerBuyer; or (ve) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 1 contract
Sources: Share Subscription Agreement (Altair Nanotechnologies Inc)
Questionable Payments. To Neither the BorrowerCompany nor, to the Company’s Knowledge, none any of its current or former stockholdersshareholders, directors, officers, employees, agents or other Persons acting on behalf of the Borrower, Company has on behalf of the Borrower Company or in connection with its business: (ia) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iiic) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (ivd) made any false or fictitious entries on the books and records of the BorrowerCompany; or (ve) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 1 contract
Questionable Payments. To Neither the Borrower’s KnowledgeCompany nor, none to the knowledge of the Company, any of its current or former stockholders, directors, officers, employees, agents or other Persons persons acting on behalf of the BorrowerCompany, has on behalf of the Borrower Company or in connection with its business: (i) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (iv) made any false or fictitious entries on the books and records of the Borrower; Company or (v) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 1 contract
Questionable Payments. To Neither the Borrower’s KnowledgeCompany nor, none to the knowledge of the Company, any of its current or former stockholders, directors, officers, employees, agents or other Persons persons acting on behalf of the BorrowerCompany, has on behalf of the Borrower Company or in connection with its business: ; (ia) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activityexpenses; (iib) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (iiic) established or maintained any unlawful or unrecorded fund of corporate monies or other assets; (ivd) made any false or fictitious entries on the books and records of the BorrowerCompany; or (ve) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.
Appears in 1 contract