Common use of Questionable Payments Clause in Contracts

Questionable Payments. Neither the Company nor any of its Subsidiaries, nor, to the Company’s Knowledge, any of their respective current or former directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary of the Company, has on behalf of the Company or any Subsidiary of the Company or in connection with 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 any Subsidiary of the Company; (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 2 contracts

Samples: Note Purchase Agreement (Argos Therapeutics Inc), Securities Purchase Agreement (Argos Therapeutics Inc)

AutoNDA by SimpleDocs

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

Appears in 2 contracts

Samples: Purchase Agreement (Remark Media, Inc.), Purchase Agreement (Remark Media, Inc.)

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

Appears in 2 contracts

Samples: Purchase Agreement (Aldeyra Therapeutics, Inc.), Purchase Agreement (Aldeyra 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 shareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary of the Companyits Subsidiaries, has on behalf of the Company or any Subsidiary of the Company its Subsidiaries or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the Companyits Subsidiaries; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 2 contracts

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

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

Appears in 1 contract

Samples: Interim Loan Agreement (Enable Holdings, Inc.)

Questionable Payments. Neither Except as set forth on Schedule 4.24, neither the Company nor any of its Subsidiaries, Subsidiaries nor, to the Company’s 's Knowledge, any of their respective current or former shareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary of the CompanySubsidiary, has on behalf of the Company or any Subsidiary of the Company or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the CompanySubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Purchase Agreement (On Technology Corp)

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

Appears in 1 contract

Samples: Acquisition Agreement (Overland Storage Inc)

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

Appears in 1 contract

Samples: Purchase Agreement (PharmaFrontiers Corp.)

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

Appears in 1 contract

Samples: Securities Purchase Agreement (Hoku Scientific Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries, Subsidiaries nor, to the Company’s Knowledgeknowledge, any of their respective current or former directors, officers, employees, agents agents, stockholders owning at least 10% of the outstanding capital stock of the Company, or other Persons persons or entities acting on behalf of the Company or any Subsidiary of the CompanySubsidiary, has on behalf of the Company or any Subsidiary of the Company or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the CompanySubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (Trikon Technologies Inc)

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

Appears in 1 contract

Samples: Subscription Agreement (Citadel Security Software 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 shareholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary of the Companyits Subsidiaries, has on behalf of the Company or any Subsidiary of the Company its Subsidiaries or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the Companyits Subsidiaries; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

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

AutoNDA by SimpleDocs

Questionable Payments. Neither To the Company nor actual knowledge of the executive officers of the Company, without due inquiry, neither the Company, any of its Subsidiaries, nor, to the Company’s Knowledge, Subsidiaries nor any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary of the CompanySubsidiary, has on behalf of the Company or any Subsidiary of the Company or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the CompanySubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Debenture Purchase Agreement (3d Systems Corp)

Questionable Payments. Neither the Company Borrower nor any of its Subsidiaries, Subsidiaries nor, to the CompanyBorrower’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents agents, or other Persons acting on behalf of the Company Borrower or any Subsidiary of the CompanySubsidiary, has on behalf of the Company Borrower or any Subsidiary of the Company or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment entertainment, or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company Borrower or any Subsidiary of the CompanySubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback kickback, or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.. 4.26

Appears in 1 contract

Samples: Interim Loan Agreement

Questionable Payments. Neither the Company nor any of its Subsidiaries, subsidiaries nor, to the Company’s Knowledge's knowledge, any of their respective current or former directors, officers, employees, agents agents, stockholders owning at least 10% of the outstanding capital stock of the Company, or other Persons persons or entities acting on behalf of the Company or any Subsidiary of the Companysubsidiary, has on behalf of the Company or any Subsidiary of the Company subsidiary or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the Companysubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (Iris International Inc)

Questionable Payments. Neither To the knowledge of the Company, neither the Company nor any of its SubsidiariesSubsidiary, nor, to the Company’s Knowledge, nor any of their respective current or former directorsshareholders, partners, directors trustees, officers, employees, agents or other Persons persons acting on behalf of the Company or any Subsidiary of the CompanySubsidiary, has on behalf of the Company or any Subsidiary of the Company or in connection with its businessthe Company's or any Subsidiary's respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; , (b) made any direct or indirect unlawful payments to any foreign or domestic governmental officials or employees from corporate funds; , (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of law; assets, (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the Company; Subsidiary, (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment payments of any nature; , or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Stock Purchase Agreement (CNL Hospitality Properties Inc)

Questionable Payments. Neither the Company nor any of its Subsidiariessubsidiaries nor any of their current or former directors, norofficers or employees, nor to the Company’s Knowledge, any of their respective current or former directors, officers, employees, other agents or other Persons acting on behalf of the Company or any Subsidiary of the Companyits subsidiaries, has on behalf of the Company or any Subsidiary of the Company or its subsidiaries in connection with its 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 any Subsidiary of the Companyits subsidiaries; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement (BICYCLE THERAPEUTICS PLC)

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

Appears in 1 contract

Samples: Securities Purchase Agreement (Olympus Pacific Minerals Inc)

Questionable Payments. Neither the Company nor any of its Subsidiaries, Subsidiaries nor, to the Company’s Knowledge, any of their respective current or former stockholders, directors, officers, employees, agents or other Persons acting on behalf of the Company or any Subsidiary of the CompanySubsidiary, has has, since January 1, 2002, on behalf of the Company or any Subsidiary of the Company or in connection with its businesstheir respective businesses: (a) used any corporate funds for unlawful contributions, gifts, entertainment or other unlawful expenses relating to political activity; (b) made any direct or indirect unlawful payments to any governmental officials or employees from corporate funds; (c) established or maintained any unlawful or unrecorded fund of corporate monies or other assets which is in violation of lawassets; (d) made any false or fictitious entries on the books and records of the Company or any Subsidiary of the CompanySubsidiary; or (e) made any unlawful bribe, rebate, payoff, influence payment, kickback or other unlawful payment of any nature; or (f) violated any provision of the Foreign Corrupt Practices Act of 1977, as amended.

Appears in 1 contract

Samples: Purchase Agreement (Visual Networks Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.