Common use of Foreign Corrupt Practices Clause in Contracts

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 29 contracts

Samples: Securities Purchase Agreement (Cosmos Holdings Inc.), Securities Purchase Agreement (Cesca Therapeutics Inc.), Securities Purchase Agreement (Cesca Therapeutics Inc.)

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Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries Subsidiary nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political parties or campaigns from corporate funds; (iii) violated or is in violation in any material respect of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 16 contracts

Samples: Securities Purchase Agreement (ParcelPal Logistics Inc.), Securities Purchase Agreement (Tauriga Sciences, Inc.), Securities Purchase Agreement (Zosano Pharma Corp)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the best knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 16 contracts

Samples: Exchange Agreement (Box Ships Inc.), Note Purchase Agreement (Top Ships Inc.), Note Purchase Agreement (Top Ships Inc.)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, subsidiaries nor to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries subsidiaries (as applicable) has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 10 contracts

Samples: Securities Purchase Agreement (Mullen Automotive Inc.), Securities Purchase Agreement (Mullen Automotive Inc.), Securities Purchase Agreement (Mullen Automotive Inc.)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 9 contracts

Samples: Securities Purchase Agreement (Pulse Biosciences, Inc.), Subscription Agreement (Document Security Systems Inc), Securities Purchase Agreement (Broadcast International Inc)

Foreign Corrupt Practices. Neither None of the Company nor Company, the Bank or any of its Subsidiaries norSubsidiary, or, to the knowledge of the Company, any director, officer, agent, employee or other Person person acting on behalf of the Company Company, the Bank or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company Company, the Bank or any of its Subsidiaries Subsidiary (iA) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iiB) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiiC) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivD) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 7 contracts

Samples: Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (North American Financial Holdings, Inc.), Investment Agreement (North American Financial Holdings, Inc.)

Foreign Corrupt Practices. Neither the Company any Credit Party nor any of its Subsidiaries northeir Subsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company any Credit Party or any of its their Subsidiaries has, in the course of its actions for, or on behalf of, the Company any Credit Party or any of its their Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 7 contracts

Samples: Financing Agreement (Elevate Credit, Inc.), Financing Agreement (Elevate Credit, Inc.), Financing Agreement (Elevate Credit, Inc.)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries northe Subsidiaries, nor to the knowledge of the Company’s knowledge, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its the Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its the Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Freedom Leaf Inc.), Securities Purchase Agreement (Freedom Leaf Inc.), Securities Purchase Agreement (Valley Forge Composite Technologies, Inc.)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, nor any director, officer, agent, employee or other Person (as defined herein) acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 6 contracts

Samples: Securities Purchase Agreement (Inpixon), Securities Purchase Agreement (Gold Lakes Corp.), Securities Purchase Agreement (Gold Lakes Corp.)

Foreign Corrupt Practices. Neither Since January 1, 2012, neither the Company Company, its Subsidiaries, nor any of its Subsidiaries nor, to the knowledge of the Company’s and each Subsidiary’s knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Subsidiary (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of in any material respect any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 6 contracts

Samples: Exchange Agreement (SANUWAVE Health, Inc.), Securities Purchase Agreement (Herschkowitz Samuel), Securities Purchase Agreement (SANUWAVE Health, Inc.)

Foreign Corrupt Practices. Neither the Company any Credit Party nor any of its Subsidiaries northeir Subsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company any Credit Party or any of its their Subsidiaries has, in the course of its actions for, or on behalf of, the Company any Credit Party or any of its their Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 19771977 or the Xxxxxxx Xxx 0000, in each case, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 5 contracts

Samples: Financing Agreement (Elevate Credit, Inc.), Financing Agreement (Elevate Credit, Inc.), Financing Agreement (Elevate Credit, Inc.)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries subsidiaries nor, to the best knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Lm Funding America, Inc.), Securities Purchase Agreement (Lm Funding America, Inc.), Securities Purchase Agreement (Lm Funding America, Inc.)

Foreign Corrupt Practices. Neither During the past five (5) years, neither the Company nor any of its Subsidiaries norSubsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person person acting on behalf of the Company or any of its Subsidiaries Subsidiaries, has, in the course of its its, his or her actions for, for or on behalf of, of the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 5 contracts

Samples: Exchange Agreement (Carlyle Group L.P.), Stock Purchase Agreement (Carlyle Group L.P.), Stock Purchase Agreement (Solus Alternative Asset Management LP)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, nor to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries (as applicable) has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Borqs Technologies, Inc.), Securities Purchase Agreement (Borqs Technologies, Inc.), Securities Purchase Agreement (Borqs Technologies, Inc.)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries Acquiror, nor, to the knowledge Knowledge of the CompanyAcquiror or any of the Acquiror Principal Shareholders, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries Acquiror has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Acquiror (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 4 contracts

Samples: Share Exchange Agreement (Agm Group Holdings, Inc.), Share Exchange Agreement (Nac Global Technologies, Inc.), Share Exchange Agreement (Nac Global Technologies, Inc.)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries Subsidiary nor, to the knowledge Knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political parties or campaigns from corporate funds; (iii) violated or is in violation in any material respect of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 4 contracts

Samples: Securities Purchase Agreement (GRANDPARENTS.COM, Inc.), Securities Purchase Agreement (dELiAs, Inc.), Securities Purchase Agreement (dELiAs, Inc.)

Foreign Corrupt Practices. Neither the Company nor or any of its Subsidiaries norSubsidiaries, nor to the knowledge of the Company’s knowledge, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of in any material respect any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made or received any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to or from any foreign or domestic government official or employee.

Appears in 4 contracts

Samples: Securities Purchase Agreement (NRG Energy, Inc.), Securities Purchase Agreement (Fuelcell Energy Inc), Securities Purchase Agreement (Fuelcell Energy Inc)

Foreign Corrupt Practices. Neither None of the Company nor any of Company, its Subsidiaries norsubsidiaries or, to the knowledge Knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries subsidiaries (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 4 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (Coherus BioSciences, Inc.), Stock Purchase Agreement (Coherus BioSciences, Inc.)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries Subsidiary, nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate fundscandidate for any federal, state or foreign office in violation of any law; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 3 contracts

Samples: Standby Purchase Agreement (Biomimetic Therapeutics, Inc.), Purchase Agreement (Biomimetic Therapeutics, Inc.), Standby Purchase Agreement (Biomimetic Therapeutics, Inc.)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries norSubsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, unlawful gift, unlawful entertainment or other unlawful expenses relating to political activity; , (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; , (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; , or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 3 contracts

Samples: Securities Purchase, Loan and Security Agreement (Capstone Therapeutics Corp.), Securities Purchase, Loan and Security Agreement Securities Purchase, Loan and Security Agreement, Securities Purchase Agreement (Mechanical Technology Inc)

Foreign Corrupt Practices. Neither the Company Inovio nor any of its Subsidiaries nor, to the knowledge of the CompanyInovio, any director, officer, agent, employee or other Person acting on behalf of the Company Inovio or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company Inovio or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 3 contracts

Samples: V Agreement and Plan of Merger (Inovio Biomedical Corp), Agreement and Plan of Merger (Inovio Biomedical Corp), Agreement and Plan of Merger (Inovio Biomedical Corp)

Foreign Corrupt Practices. Neither None of the Company nor Company, the Bank or any of its Subsidiaries norSubsidiary, or, to the knowledge Knowledge of the Company, any director, officer, agent, employee or other Person person acting on behalf of the Company Company, the Bank or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company Company, the Bank or any of its Subsidiaries Subsidiary (iA) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iiB) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiiC) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivD) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Capital Bank Financial Corp.), Agreement and Plan of Merger (Capital Bank Financial Corp.), Agreement and Plan of Merger (Southern Community Financial Corp)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, nor any director, officer, nor to the Company’s knowledge, any agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Royale Energy Inc), Securities Purchase Agreement (Royale Energy Inc), Securities Purchase Agreement (Royale Energy Inc)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries norSubsidiaries, nor to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries Subsidiaries, has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Motient Corp), Securities Purchase Agreement (Clearwire Corp), Securities Purchase Agreement (Clearwire Corp)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries noror, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 3 contracts

Samples: Securities Purchase Agreement (POSITIVEID Corp), Securities Purchase Agreement (POSITIVEID Corp), Securities Purchase Agreement (American Superconductor Corp /De/)

Foreign Corrupt Practices. Neither Since January 1, 2011, neither the Company Company, its Subsidiaries, nor any of its Subsidiaries nor, to the knowledge of the Company’s and each Subsidiary’s Knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Subsidiary (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of in any material respect any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (FinTech Acquisition Corp), Securities Purchase Agreement (FinTech Acquisition Corp)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge other Person associated with or acting on behalf of the Company, including, without limitation, any director, officer, agent, employee or other Person acting on behalf Affiliate of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries has (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses expense relating to political activityactivity or to influence official action; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) made any bribe, rebate, payoff, influence payment, kickback or other unlawful payment; or (iv) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment and the Company has instituted and maintains policies and procedures designed to any foreign or domestic government official or employeeensure compliance therewith.

Appears in 2 contracts

Samples: Securities Purchase Agreement (GRANDPARENTS.COM, Inc.), Securities Purchase Agreement (GRANDPARENTS.COM, Inc.)

Foreign Corrupt Practices. Neither To the Company best of the Company's knowledge, neither the Company, nor any of its Subsidiaries norSubsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Defense Industries International Inc), Securities Purchase Agreement (Commtouch Software LTD)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made or offered to make any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made or offered to make any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Secured Note and Common Stock Purchase Agreement (Stratos Renewables CORP), Convertible Note and Warrant Purchase Agreement (Stratos Renewables CORP)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries subsidiaries, nor any director or officer, nor, to the knowledge Knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries subsidiaries, has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries subsidiary (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended, the UK Bribery Act 2010 or any similar Law; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

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

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries norSubsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amendedamended or the Corruption of Foreign Public Officials Act (Canada); or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Clearly Canadian Beverage Corp), Securities Purchase Agreement (Clearly Canadian Beverage Corp)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries Subsidiaries, nor, to the best knowledge of the CompanyCompany and its Subsidiaries, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Composite Technology Corp), Securities Purchase Agreement (Composite Technology Corp)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended, or the U.K. Bxxxxxx Xxx 0000; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Conversion Labs, Inc.), Securities Purchase Agreement (Conversion Labs, Inc.)

Foreign Corrupt Practices. Neither the Company Pubco, nor any of its Subsidiaries subsidiaries, nor, to the knowledge of the CompanyPubco's knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company Pubco or any of its Subsidiaries subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Pubco (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Share Exchange Agreement (Wollemi Mining Corp.), Share Exchange Agreement (Green Star Mining Corp.)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries norSubsidiaries, nor to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Adept Technology Inc), Securities Purchase Agreement (NextWave Wireless Inc.)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries Subsidiaries, has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; , (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; , (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; , or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

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

Foreign Corrupt Practices. Neither To the Company best of the Company’s knowledge, neither the Company, nor any of its Subsidiaries norSubsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Commtouch Software LTD), Securities Purchase Agreement (Commtouch Software LTD)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nornor any director, officer or employee or, to the knowledge of the Company’s knowledge, any director, officer, agent, employee agent or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Novadel Pharma Inc), Placement Agent Agreement (Novadel Pharma Inc)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries Subsidiaries, nor, to the knowledge of the Companytheir knowledge, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Pure Vanilla Exchange Inc), Securities Purchase Agreement (Vcampus Corp)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries Subsidiary nor, to the knowledge of the Company, any director, officer, agent, agent or employee or other Person acting on behalf of the Company or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee or to any foreign or domestic political parties or campaigns from corporate funds; (iii) violated or is in violation in any material respect of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Securities Purchase Agreement (PROLOR Biotech, Inc.), Securities Purchase Agreement (Emcore Corp)

Foreign Corrupt Practices. Neither the Company Buyer nor any of its Subsidiaries nor, to the knowledge of the CompanyBuyer’s Knowledge, any director, officer, agent, employee or other Person acting on behalf of the Company Buyer or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Buyer (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Cortendo AB), Asset Purchase Agreement (Cortendo AB)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries Company Subsidiaries, nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company or any of its Subsidiaries Company Subsidiary has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Company Subsidiary (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Share Exchange Agreement (Wentworth Ii Inc), Share Exchange Agreement (Intra Asia Entertainment Corp)

Foreign Corrupt Practices. Neither the Company nor any Company Subsidiaries nor any director or officer of its the Company or any Company Subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Company Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended, or any other applicable U.S. or foreign anti-bribery or anti-corruption laws; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 2 contracts

Samples: Standby Purchase Agreement (Ikanos Communications, Inc.), Securities Purchase Agreement (Ikanos Communications, Inc.)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries norSubsidiaries, nor to the Company’s knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (MEI Pharma, Inc.)

Foreign Corrupt Practices. Neither the Company nor or any of its Subsidiaries norSubsidiaries, nor to the knowledge of the Company's knowledge, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of in any material respect any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made or received any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to or from any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Fuelcell Energy Inc)

Foreign Corrupt Practices. Neither Except as would not reasonably be expected to have a Material Adverse Effect, neither the Company Company, nor any of its Subsidiaries norSubsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Global Power Equipment Group Inc/)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries norSubsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amendedamended (the “FCPA”); or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (eHi Car Services LTD)

Foreign Corrupt Practices. Neither the Company Wealth, nor any of its Subsidiaries Wealth Subsidiaries, nor, to the knowledge of the CompanyWealth’s knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company Wealth or any of its Wealth Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Wealth (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Share Exchange Agreement (China Growth CORP)

Foreign Corrupt Practices. Neither the Company Fiberxon nor any of its Subsidiaries nor, to the knowledge of the CompanyFiberxon, any director, officer, agent, employee or other Person acting on behalf of the Company Fiberxon or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company Fiberxon or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Agreement and Plan of Merger (MRV Communications Inc)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, subsidiaries nor to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries subsidiaries (as applicable) has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.. DM_US 86580026-11.096039.0012 0000-0000-0000, v. 1

Appears in 1 contract

Samples: Securities Purchase Agreement (Skyline Medical Inc.)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries norSubsidiaries, nor to the its knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Answers CORP)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries Subsidiaries, nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Company: (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Dusa Pharmaceuticals Inc)

Foreign Corrupt Practices. Neither the Company Borrower nor any of its Subsidiaries nor, to the knowledge of the CompanyBorrower, any director, officer, agent, employee or other Person acting on behalf of the Company Borrower or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Borrower (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Credit Agreement (Communication Intelligence Corp)

Foreign Corrupt Practices. Neither Since January 1, 2007, neither the Company Company, its Subsidiaries, nor any of its Subsidiaries nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Subsidiary (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of in any material respect any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Horizon Pharma, Inc.)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries Significant Subsidiary, nor, to the actual knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries Significant Subsidiary has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Purchase Agreement (Bank of the James Financial Group Inc)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries ------------------------- subsidiaries, nor any director or officer, nor, to the knowledge of the Company's knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company or any of its Subsidiaries subsidiaries has, in the course of its such person's actions for, or on behalf of, the Company Company, or any of its Subsidiaries (i) subsidiaries, used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. United States Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Identix Inc)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries norSubsidiaries, nor to the actual knowledge of the Chief Executive Officer of the Company, any director, officer, agent, employee employee, or other Person person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) Subsidiaries, used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Qmed Inc)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries subsidiaries, nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company or any of its Subsidiaries subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Subscription Agreement (China Technology Development Group Corp)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries norSubsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation in any material resepct of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Jinpan International LTD)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries norSubsidiaries, nor to the knowledge of the Company, any director, officer, agent, employee employee, or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

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

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries norSubsidiaries, nor any director or officer, nor to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries Subsidiaries, has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Mitel Networks Corp)

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Foreign Corrupt Practices. Neither During the past five (5) years, neither the Company nor any of its Subsidiaries norSubsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries Subsidiaries, has, in the course of its its, his or her actions for, for or on behalf of, of the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Note Purchase Agreement (Yrc Worldwide Inc)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of his, her or its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; , (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; , (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; , or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cardiome Pharma Corp)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made or offered to make any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made or offered to make any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Secured Convertible Note Purchase Agreement (Searchlight Minerals Corp.)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, subsidiaries nor to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries subsidiaries (as applicable) has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.. ​

Appears in 1 contract

Samples: Securities Purchase Agreement (Mullen Automotive Inc.)

Foreign Corrupt Practices. Neither None of the Company nor Company, the Bank or any of its Subsidiaries norSubsidiary, or, to the knowledge of the Company, any director, officer, agent, employee or other Person person acting on behalf of the Company Company, the Bank or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company Company, the Bank or any of its Subsidiaries Subsidiary (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Investment Agreement (Pacific Capital Bancorp /Ca/)

Foreign Corrupt Practices. Neither None of the Company nor any of Company, its Subsidiaries noror, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cellular Biomedicine Group, Inc.)

Foreign Corrupt Practices. Neither [Neither] the Company Company, [nor any of its Subsidiaries Subsidiary], nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company [or any of its Subsidiaries Subsidiary] has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment entertainment, or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback kickback, or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Purchase Agreement

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge Knowledge of the Company, any director, officer, agent, employee or other Person (as defined below) acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Note Purchase Agreement (Umami Sustainable Seafood Inc.)

Foreign Corrupt Practices. Neither None of the Company nor any of its Subsidiaries Leading Asia Companies, nor, to the knowledge of the CompanyLeading Asia Companies' best knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company or any of its Subsidiaries the Leading Asia Companies has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries the Leading Asia Companies (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Share Exchange Agreement (China Fuhua New Material Holdings Inc.)

Foreign Corrupt Practices. Neither the Company nor Company, any of its Subsidiaries norSubsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person person acting on behalf of the Company or any of its Subsidiaries hasSubsidiary, have, in the course of his, her or its actions for, or on behalf of, the Company or any of its Subsidiaries (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated (or is in violation of of) in any material respect any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made or received any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to or from any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Gasco Energy Inc)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries Subsidiaries, nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Stock Purchase Agreement (Midwest Energy Emissions Corp.)

Foreign Corrupt Practices. Neither Since September 1, 2009, neither the Company nor any of its Subsidiaries norSubsidiaries, nor to the knowledge of the Company’s Knowledge, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of in any material respect any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Corindus Vascular Robotics, Inc.)

Foreign Corrupt Practices. Neither Since January 1, 2007, neither the Company nor any of its Subsidiaries norSubsidiary, nor to the knowledge of the Company’s knowledge, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Subsidiary (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of in any material respect any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (TherapeuticsMD, Inc.)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries Subsidiaries, has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; , (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; , (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; , or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.. 3.26

Appears in 1 contract

Samples: Securities Purchase Agreement

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries Subsidiaries, nor, to the knowledge of the Company's knowledge, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (GT Biopharma, Inc.)

Foreign Corrupt Practices. Neither To the Company Knowledge of the Company, neither the Company, nor any of its Subsidiaries norSubsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries knowingly and intentionally (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Discovery Laboratories Inc /De/)

Foreign Corrupt Practices. Neither the Company Parent, nor any of its Subsidiaries subsidiaries, nor, to the knowledge of the CompanyParent’s knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company Parent or any of its Subsidiaries subsidiaries has, in the course of its actions for, or on behalf of, the Company Parent or any of its Subsidiaries subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Subscription Agreement (China Technology Development Group Corp)

Foreign Corrupt Practices. Neither the Company Cantix, nor any of its Subsidiaries Subsidiaries, nor, to the knowledge of the CompanyCantix’s knowledge, any director, officer, agent, employee or other Person acting on behalf of the Company Cantix or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Cantix (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Stock Exchange Agreement (Hamptons Extreme, Inc.)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries Acquiror, nor, to the knowledge Knowledge of the CompanyAcquiror or any of the Acquiror Principal Shareholders, any director, officer, agent, employee or other Person person acting on behalf of the Company or any of its Subsidiaries Acquiror has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Acquiror (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Exchange Agreement (Top Gear Inc)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries norRestructure Subsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Restructure Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Restructure Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Stock Purchase Agreement (Quest Patent Research Corp)

Foreign Corrupt Practices. Neither the Company nor any of its the Subsidiaries nor, to the knowledge of the Company, nor any director, officer, nor to the Company’s knowledge, any agent, employee or other Person acting on behalf of the Company or any of its the Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its the Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Generex Biotechnology Corp)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries Subsidiaries, has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; , (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; , (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; , or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.. 3.20

Appears in 1 contract

Samples: Securities Purchase Agreement

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; , (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; , (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Registration Rights Agreement (Crumbs Bake Shop, Inc.)

Foreign Corrupt Practices. Neither the Company Company, its Subsidiaries, nor any of its Subsidiaries nor, to the knowledge of the Company’s and each Subsidiary’s knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Subsidiary (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of in any material respect any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Life Biosciences LLC)

Foreign Corrupt Practices. (a) Neither the Company Seller nor any of its Subsidiaries the Subsidiary nor, to the knowledge of the CompanySeller’s knowledge, any director, officer, agent, employee or other Person acting on behalf of the Company Seller or any of its Subsidiaries the Subsidiary has, in the course of its actions for, or on behalf of, the Company Seller or any of its Subsidiaries the Subsidiary, as applicable, (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; or (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 19771977 or the Corruption of Foreign Public Officials (Canada), each as amended; amended and the regulations promulgated thereunder or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employeeapplicable law of similar effect of another jurisdiction.

Appears in 1 contract

Samples: Unit Purchase Agreement (NovaCopper Inc.)

Foreign Corrupt Practices. Neither the Company Fifth Season, nor any of its Subsidiaries subsidiaries, nor, to the knowledge of the CompanyFifth Season’s knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company Fifth Season or any of its Subsidiaries subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Fifth Season (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Share Exchange Agreement (Dynasty Energy Resources, Inc.)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries Subsidiaries, nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Penford Corp)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries nor, to the knowledge best of the Company’s knowledge, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries such Subsidiary (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Daystar Technologies Inc)

Foreign Corrupt Practices. Neither the Company nor or any of its Subsidiaries Subsidiaries, nor, to the knowledge of the Company, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Subsidiary (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Zix Corp)

Foreign Corrupt Practices. Neither the Company Bingwu Forestry, nor any of its Subsidiaries subsidiaries, nor, to the knowledge of the CompanyBingwu Forestry’s knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company Bingwu Forestry or any of its Subsidiaries subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Bingwu Forestry (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Share Exchange Agreement (Phoenix Energy Resource Corp)

Foreign Corrupt Practices. Neither the Company nor any of its Subsidiaries norSubsidiaries, nor to the knowledge of the Company’s knowledge, any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; , (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; , (iii) violated or is in violation of in any material respect any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; amended or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Velti PLC)

Foreign Corrupt Practices. Neither Since December 31, 2018, neither the Company Company, its Subsidiaries, nor any of its Subsidiaries nor, to the knowledge of the Company’s and each Subsidiary’s knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Subsidiary (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of in any material respect any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (HTG Molecular Diagnostics, Inc)

Foreign Corrupt Practices. Neither None of the Company Borrowers nor any of its their Subsidiaries nor, to the knowledge of the CompanyBorrowers, any director, officer, agent, employee or other Person acting on behalf of the Company Borrowers or any of its their Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Borrowers (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Interpharm Holdings Inc)

Foreign Corrupt Practices. Neither Since January 1, 2012, neither the Company Company, its Subsidiaries, nor any of its Subsidiaries nor, to the knowledge of the Company’s knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Subsidiary (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of in any material respect any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (CareView Communications Inc)

Foreign Corrupt Practices. Neither None of the Company nor Borrower or any of its Subsidiaries norSubsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company Borrower or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company Borrower or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Financing Agreement (Wave2Wave Communications, Inc.)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries norSubsidiaries, nor to the knowledge of the Company, Company any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Can-Fite BioPharma Ltd.)

Foreign Corrupt Practices. Neither the Company Parent or the Acquisition Subsidiary, nor any of its Subsidiaries nor, to the knowledge of the CompanyParent’s knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company Parent or any of its Subsidiaries the Acquisition Subsidiary has, in the course of its actions for, or on behalf of, the Company Parent or any of its Subsidiaries the Acquisition Subsidiary (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Integrated Security Systems Inc)

Foreign Corrupt Practices. Neither Since October 1, 2015, neither the Company Company, its Subsidiaries, nor any of its Subsidiaries nor, to the knowledge of the Company’s and each Subsidiary’s knowledge, any director, officer, agent, employee or other Person person acting on behalf of the Company or any of its Subsidiaries Subsidiary has, in the course of its actions for, or on behalf of, the Company or any of its Subsidiaries Subsidiary (ia) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (iib) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iiic) violated or is in violation of in any material respect any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (ivd) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Arrowhead Pharmaceuticals, Inc.)

Foreign Corrupt Practices. Neither the Company Company, nor any of its Subsidiaries norSubsidiaries, to the knowledge of the Company, nor any director, officer, agent, employee or other Person acting on behalf of the Company or any of its Subsidiaries has, in the course of its such Person’s actions for, or on behalf of, the Company or any of its Subsidiaries Subsidiaries: (i) used any corporate funds for any unlawful contribution, gift, entertainment or other unlawful expenses relating to political activity; (ii) made any direct or indirect unlawful payment to any foreign or domestic government official or employee from corporate funds; (iii) violated or is in violation of any provision of the U.S. Foreign Corrupt Practices Act of 1977, as amended; or (iv) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment to any foreign or domestic government official or employee.

Appears in 1 contract

Samples: Securities Purchase Agreement (Adcare Health Systems Inc)

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