Common use of Absence of Foreign or Enemy Status Clause in Contracts

Absence of Foreign or Enemy Status. Neither the Company nor any of its Subsidiaries is or will become a Person described by section 1 of Executive Order 13224 of September 24, 2001 Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, 31 CFR Part 595 et seq. (the “Anti-Terrorism Order”), and neither the Company nor any Subsidiary has knowingly engaged in any dealings or transactions, or otherwise knowingly been associated, with any such Person. Neither the sale of the Notes nor the use of proceeds thereof will result in a violation of the Trading with the Enemy Act, as amended, or any of the Foreign Assets Control Regulations of the United States Treasury Department (31 CFR, Subtitle B, Chapter V, as amended), or any ruling issued thereunder or any enabling legislation or presidential executive order in connection therewith. Whether or not, in each case, the Company and its Subsidiaries are subject to the jurisdiction thereof, the Company and its Subsidiaries are in material compliance with the provisions of the Anti-Terrorism Order, and do not and will not engage in any dealings or transactions or otherwise be associated with Persons who are on the list of Specially Designated Nationals and Blocked Persons, as published from time to time, or in Section 1 of Executive Order 13224.