Common use of Compliance with FCPA Clause in Contracts

Compliance with FCPA. To the knowledge of the Borrower, each of the Borrower and its Subsidiaries is in compliance with the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq., and any foreign counterpart thereto. To the knowledge of the Borrower, none of the Borrower or its Subsidiaries has made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (a) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (b) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (c) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to the Borrower or any of its Subsidiaries or to any other Person, in violation of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq.

Appears in 6 contracts

Samples: Term Loan Agreement (Public Service Co of New Mexico), Credit Agreement (Public Service Co of New Mexico), Term Loan Agreement (PNM Resources Inc)

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Compliance with FCPA. To the knowledge of the Borrower, each of the Borrower and its Subsidiaries is in compliance with the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq.. (the “FCPA”), and any foreign counterpart thereto. To the knowledge of the Borrower, none of the Borrower or its Subsidiaries has made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (a) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (b) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (c) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to the Borrower or any of its Subsidiaries or to any other Person, in violation of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seqFCPA.

Appears in 4 contracts

Samples: Term Loan Agreement (PNM Resources Inc), Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico)

Compliance with FCPA. To the knowledge Each of the Borrower, each of the Borrower Credit Parties and its their Subsidiaries is in compliance in all material respects with the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq., and any foreign counterpart thereto. To the knowledge None of the Borrower, none of the Borrower Credit Parties or its their Subsidiaries has made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (a) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (b) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (c) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to the Borrower such Credit Party or any of its Subsidiaries Subsidiary or to any other Person, in violation of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq, in each case, which could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Innophos Holdings, Inc.), Credit Agreement (Innophos Holdings, Inc.), Credit Agreement (Innophos Holdings, Inc.)

Compliance with FCPA. To the knowledge of the Borrower, each Each of the Borrower and its Subsidiaries is in compliance with the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq., and any foreign counterpart thereto. To the knowledge of the Borrower, none of Neither the Borrower or nor any of its Subsidiaries has made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (a) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (b) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (c) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to the Borrower or any of its Subsidiaries or to any other Person, in violation of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq.

Appears in 1 contract

Samples: Credit Agreement (Energy Partners LTD)

Compliance with FCPA. To the knowledge Each of the Borrower, each of the Borrower Issuer Related Parties and its their Subsidiaries is in compliance with the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq., and any foreign counterpart thereto. To the knowledge None of the Borrower, none of the Borrower Issuer Related Parties or its their Subsidiaries has made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (a) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (b) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (c) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to the Borrower such Issuer Related Party or any of its Subsidiaries Subsidiary or to any other Person, in violation of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq.

Appears in 1 contract

Samples: Note Purchase Agreement (Trump Entertainment Resorts Funding Inc)

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Compliance with FCPA. To the knowledge best of the Borrowerits knowledge, each of the Borrower Credit Parties and its their Subsidiaries (a) is in compliance with the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq., and any foreign counterpart thereto. To the knowledge of the Borrower, none of the Borrower or its Subsidiaries thereto and (b) has not made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (ai) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (bii) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (ciii) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to the Borrower such Credit Party or any of its Subsidiaries Subsidiary or to any other Person, in violation of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq., in each case to the extent such non-compliance, payment, offering or promise to pay could, individually or in the aggregate, reasonably be expected to result in liability to the Credit Parties and their Subsidiaries in excess of $1,000,000. 50

Appears in 1 contract

Samples: Credit Agreement (American Pacific Corp)

Compliance with FCPA. To the knowledge best of the Borrowerits knowledge, each of the Borrower Credit Parties and its their Subsidiaries (a) is in compliance with the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq., and any foreign counterpart thereto. To the knowledge of the Borrower, none of the Borrower or its Subsidiaries thereto and (b) has not made a payment, offering, or promise to pay, or authorized the payment of, money or anything of value (ai) in order to assist in obtaining or retaining business for or with, or directing business to, any foreign official, foreign political party, party official or candidate for foreign political office, (bii) to a foreign official, foreign political party or party official or any candidate for foreign political office, and (ciii) with the intent to induce the recipient to misuse his or her official position to direct business wrongfully to the Borrower such Credit Party or any of its Subsidiaries Subsidiary or to any other Person, in violation of the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq., in each case to the extent such non-compliance, payment, offering or promise to pay could, individually or in the aggregate, reasonably be expected to result in liability to the Credit Parties and their Subsidiaries in excess of $1,000,000.

Appears in 1 contract

Samples: Credit Agreement (American Pacific Corp)

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