Common use of Questionable Payments Clause in Contracts

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

Appears in 24 contracts

Samples: Securities Purchase Agreement (Eliem Therapeutics, Inc.), Securities Purchase Agreement (Ocular Therapeutix, Inc), Securities Purchase Agreement (Solid Biosciences Inc.)

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

Appears in 13 contracts

Samples: Securities Purchase Agreement (Global Health Ventures Inc.), Securities Purchase Agreement (Smart Move, Inc.), Securities Purchase Agreement (Advanced Magnetics Inc)

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

Appears in 12 contracts

Samples: Securities Purchase Agreement (Solexa, Inc.), Securities Purchase Agreement (Metabasis Therapeutics Inc), Securities Purchase Agreement (Metabasis Therapeutics Inc)

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

Appears in 10 contracts

Samples: Securities Purchase Agreement (Usio, Inc.), Securities Purchase Agreement (Precision Optics Corporation, Inc.), Securities Purchase Agreement (Usio, Inc.)

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

Appears in 5 contracts

Samples: Securities Purchase Agreement (Foothills Resources Inc), Form of Securities Purchase Agreement (Gran Tierra Energy, Inc.), Form of Securities Purchase Agreement (Gran Tierra Energy, Inc.)

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

Appears in 3 contracts

Samples: Securities Purchase Agreement (Invitae Corp), Securities Purchase Agreement (Invitae Corp), Securities Purchase Agreement (Invitae Corp)

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

Appears in 3 contracts

Samples: Securities Purchase Agreement (Syros Pharmaceuticals, Inc.), Securities Purchase Agreement (Spring Bank Pharmaceuticals, Inc.), Securities Purchase Agreement

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

Appears in 3 contracts

Samples: Common Stock and Warrant Purchase Agreement (Intraop Medical Corp), Common Stock Purchase Agreement (Intraop Medical Corp), Common Stock Purchase Agreement (Intraop Medical Corp)

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

Appears in 3 contracts

Samples: Securities Purchase Agreement (Save the World Air Inc), Securities Purchase Agreement (Save the World Air Inc), Securities Purchase Agreement (Save the World Air Inc)

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

Appears in 3 contracts

Samples: Purchase Agreement (Avalon Pharmaceuticals Inc), Purchase Agreement (Avalon Pharmaceuticals Inc), Registration Rights Agreement (Avalon Pharmaceuticals Inc)

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

Appears in 3 contracts

Samples: Purchase Agreement (Woize International Ltd.), Purchase Agreement (Airtrax Inc), Purchase Agreement (Woize International Ltd.)

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

Appears in 3 contracts

Samples: Securities Purchase Agreement (Skye Bioscience, Inc.), Securities Purchase Agreement (Skye Bioscience, Inc.), Securities Purchase Agreement (vTv Therapeutics Inc.)

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

Appears in 2 contracts

Samples: Common Stock and Warrant Purchase Agreement (IsoRay, Inc.), Common Stock Purchase Agreement (Logicvision Inc)

Questionable Payments. Neither the Company nor its subsidiaries nor, to the Company’s 's Knowledge, any of their its current or former shareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or its subsidiariesCompany, has on behalf of the Company or its subsidiaries in connection with their businessits business since June 23, 1999: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.

Appears in 2 contracts

Samples: Debenture Purchase Agreement (Bakers Footwear Group Inc), Convertible Debenture Exchange Agreement (Bakers Footwear Group Inc)

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

Appears in 2 contracts

Samples: Securities Purchase Agreement (Fulcrum Therapeutics, Inc.), Securities Purchase Agreement (Constellation Pharmaceuticals Inc)

Questionable Payments. Neither the Company nor its subsidiaries nor, to the Company’s Knowledge, any of their current or former directors, officers, employees, agents or other Persons acting on behalf of the Company or its subsidiaries, has on behalf of the Company or its subsidiaries in connection with their business: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of law; (d) made any false or fictitious entries on the books and records of the CompanyCompany or its subsidiaries; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature.. 4.25

Appears in 1 contract

Samples: Securities Purchase Agreement (Skye Bioscience, Inc.)

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

Appears in 1 contract

Samples: Securities Purchase Agreement (Establishment Labs Holdings Inc.)

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

Appears in 1 contract

Samples: Securities Purchase Agreement (Silence Therapeutics PLC)

Questionable Payments. Neither the No Company nor its subsidiaries nor, to the CompanyStephan’s Knowledge, any of their current or former respective directors, officers, employeespersons holding similar positions to directors or officers, agents agents, employees or any other Persons person or entity acting on behalf of the any Company or its subsidiarieshas, has on behalf of the Company or its subsidiaries in connection with their businessany Company: (ai) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; , (bii) made any direct or indirect unlawful payments to any governmental government officials or employees employees, or foreign government officials or employees, from corporate funds; , (ciii) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of law; assets, (div) made any false or fictitious entries on the books and records of account of any Company for the Company; purpose of disguising any unlawful contributions, gifts, expenses or payments, or (ev) made or received any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any naturepayment.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pfsweb Inc)

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

Appears in 1 contract

Samples: Common Stock Purchase Agreement (Intraop Medical Corp)

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

Appears in 1 contract

Samples: Purchase Agreement (Audible Inc)

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

Appears in 1 contract

Samples: Purchase Agreement (Applied Neurosolutions Inc)

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

Appears in 1 contract

Samples: Warrant Agreement (Auxilium Pharmaceuticals Inc)

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

Appears in 1 contract

Samples: Purchase Agreement (Woize International Ltd.)

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

Appears in 1 contract

Samples: Assignment and Amendment (Artisoft Inc)

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

Appears in 1 contract

Samples: Securities Purchase Agreement (Aclaris Therapeutics, Inc.)

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