AML Laws. (a) ▇▇▇▇▇▇▇▇ has not been convicted of a violation of the AML Laws or been the subject of a final enforcement action relating to the AML Laws. (b) To the best of ▇▇▇▇▇▇▇▇’s knowledge after due inquiry and investigation, no Borrower Principal nor Non-U.S. Equity Holder has been convicted of a violation of the AML Laws or been the subject of a final enforcement action relating to the AML Laws. (c) ▇▇▇▇▇▇▇▇ has not received any notice that it is the subject of any pending proceedings for any violation of the AML Laws and to the best of Borrower’s knowledge it is not the subject of any pending proceedings for any violation of the AML Laws. (d) To the best of ▇▇▇▇▇▇▇▇’s knowledge after due inquiry and investigation no Borrower Principal nor Non-U.S. Equity Holder is the subject of any pending proceedings for any violation of the AML Laws. Notwithstanding the foregoing, ▇▇▇▇▇▇ acknowledges and agrees that if any entity which owns a direct or indirect interest in Borrower is a Public Company, then unless such Public Company exercises control over the purchase and sale of its publicly traded equity securities to a particular investor (other than as a placement agent), the representations set forth in Sections 5.59(b) and 5.59(d) will not be deemed to apply to the direct or indirect ownership in such Public Company.
Appears in 2 contracts
Sources: Multifamily Loan and Security Agreement, Multifamily Loan and Security Agreement
AML Laws. (a) ▇▇▇▇▇▇▇▇ has not been convicted of a violation of the AML Laws or been the subject of a final enforcement action relating to the AML Laws.
(b) To the best of ▇▇▇▇▇▇▇▇’s knowledge after due inquiry and investigation, no Borrower Principal nor Non-U.S. Equity Holder has been convicted of a violation of the AML Laws or been the subject of a final enforcement action relating to the AML Laws.
(c) ▇▇▇▇▇▇▇▇ has not received any notice that it is the subject of any pending proceedings for any violation of the AML Laws and to the best of Borrower’s knowledge it is not the subject of any pending proceedings for any violation of the AML Laws.
(d) To the best of ▇▇▇▇▇▇▇▇’s knowledge after due inquiry and investigation no Borrower Principal nor Non-U.S. Equity Holder is the subject of any pending proceedings for any violation of the AML Laws. Notwithstanding the foregoing, ▇▇▇▇▇▇ Funding Lender acknowledges and agrees that if any entity which owns a direct or indirect interest in Borrower is a Public Company, then unless such Public Company exercises control over the purchase and sale of its publicly traded equity securities to a particular investor (other than as a placement agent), the representations set forth in Sections 5.59(b) and 5.59(d) will not be deemed to apply to the direct or indirect ownership in such Public Company.
Appears in 2 contracts
Sources: Continuing Covenant Agreement, Continuing Covenant Agreement
AML Laws. (a) ▇▇▇▇▇▇▇▇ has not been convicted of a violation of the AML Laws or been the subject of a final enforcement action relating to the AML Laws.
(b) To the best of ▇▇▇▇▇▇▇▇’s knowledge after due inquiry and investigation, no Borrower Principal nor Non-U.S. Equity Holder has been convicted of a violation of the AML Laws or been the subject of a final enforcement action relating to the AML Laws.
(c) ▇▇▇▇▇▇▇▇ has not received any notice that it is the subject of any pending proceedings for any violation of the AML Laws and to the best of Borrower’s knowledge it is not the subject of any pending proceedings for any violation of the AML Laws.
(d) To the best of ▇▇▇▇▇▇▇▇’s knowledge after due inquiry and investigation no Borrower Principal nor Non-U.S. Equity Holder is the subject of any pending proceedings for any violation of the AML Laws. Notwithstanding the foregoing, ▇▇▇▇▇▇ Funding Lender acknowledges and agrees that if any entity which owns a direct or indirect interest in Borrower is a Public Company, then unless such Public Company exercises control over the purchase and sale of its publicly traded equity securities to a particular investor (other than as a placement agent), the representations set forth in Sections 5.59(b) and 5.59(d(d) will not be deemed to apply to the direct or indirect ownership in such Public Company.
Appears in 1 contract
Sources: Continuing Covenant Agreement