Common use of Certain Payments Clause in Contracts

Certain Payments. Since October 1, 1995, neither the Company nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Foster L B Co), Stock Purchase Agreement (Foster L B Co)

Certain Payments. Since October January 1, 19951991, neither the Company nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, Knowledge any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Master Graphics Inc), Stock Purchase Agreement (Master Graphics Inc)

Certain Payments. Since October 1, 1995, neither Neither the Company nor any director, officer, agent, or employee of the Companythereof, or to Sellers' Knowledgethe knowledge of the Company and each of the Company Shareholders, any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, kickback or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate affiliate of the Company, or (iv) in violation of any Legal Requirementlegal requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 2 contracts

Sources: Merger Agreement (Alliance Healthcard Inc), Merger Agreement (Precis Smart Card Systems Inc)

Certain Payments. Since October January 1, 19951994, neither the Company nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, Seller's Knowledge any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 2 contracts

Sources: Share Exchange Agreement (Melita International Corp), Share Exchange Agreement (Melita International Corp)

Certain Payments. Since October January 1, 19952000, to Seller's Knowledge, neither the Company Company, nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, or (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in each such case in violation of any Legal Requirement, or (b) established or maintained any fund or asset which should be recorded in the books and records of the Company that has not been so recorded in the books and records of the Company.

Appears in 2 contracts

Sources: Unit Purchase Agreement (Source Interlink Companies Inc), Unit Purchase Agreement (Source Interlink Companies Inc)

Certain Payments. Since October 1March 31, 19951999, neither the Company nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, Seller's Knowledge any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of an the Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 2 contracts

Sources: Acquisition Agreement (Nutriceuticals Com Corp), Agreement and Plan of Reorganization (Dynamic Health Products Inc)

Certain Payments. Since October 1December 31, 19951992, neither the no Acquired Company nor any or director, officer, agent, or employee of the any Acquired Company, or to Sellers' Knowledge, Knowledge any other Person associated with or acting for or on behalf of the any Acquired Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, or (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the any Acquired Company or any Affiliate affiliate of the an Acquired Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the CompanyAcquired Companies.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Morton Industrial Group Inc), Stock Purchase Agreement (Morton Industrial Group Inc)

Certain Payments. Since October January 1, 19952008, neither the Acquired Company nor any or director, officer, agent, or employee of the Acquired Company, or to Sellers' Knowledge, any other Person associated with or acting for or on behalf of the Acquired Company, has not directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Acquired Company or any Affiliate of the Acquired Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Qad Inc)

Certain Payments. Since October July 1, 19952000, neither the Company nor any director, officer, agent, or employee of the Company, or to Sellers' the Shareholders’ Knowledge, any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Merger Agreement (Rf Monolithics Inc /De/)

Certain Payments. Since October January 1, 19951997, neither the Company nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, knowledge any other Person person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Personperson, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate affiliate of the Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Reynard Motorsport Inc)

Certain Payments. Since October January 1, 19952003, neither the Company nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, any other Person associated with or acting for or on behalf of the Company, has directly or indirectly indirectly, in violation of applicable Law, (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, or (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset for the same that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Ivanhoe Energy Inc)

Certain Payments. Since October 1December 31, 19951997, neither the Company nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, Seller's Knowledge any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of an the Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Dynamic Health Products Inc)

Certain Payments. Since October January 1, 19951989, neither the Company nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, Seller's Knowledge any other Person associated with or acting for or on behalf of the Company, while acting on behalf of the Company has (a) directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, or (b) intentionally established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Rollins Inc)

Certain Payments. Since October January 1, 19952004, neither the Company nor any director, officer, agent, director or employee officer of the Company, nor to Seller’s Knowledge any agent, employee or to Sellers' Knowledge, any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Allis Chalmers Energy Inc.)

Certain Payments. Since October 1, 1995, neither Neither the Company nor any director, officer, agent, or employee of the Company, or to Sellers' and the Company's Knowledge, any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate a Related Person of the Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (CSS Industries Inc)

Certain Payments. Since October January 1, 19951997, neither the Company nor any directorno Acquired Company, officer, agent, director or employee officer of the an Acquired Company, or to the Knowledge of Sellers' Knowledge, any agent, employee or other Person associated with or acting for or on behalf of the an Acquired Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the an Acquired Company or any Affiliate of the an Acquired Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the CompanyAcquired Companies.

Appears in 1 contract

Sources: Stock Purchase Agreement (Group 1 Automotive Inc)

Certain Payments. Since October January 1, 19951996, neither the Company nor Buyer or to Buyer's Knowledge any director, officerpartner, agent, or employee of the CompanyBuyer, or to Sellers' Knowledge, any other Person associated with or acting for or on behalf of the CompanyBuyer, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company Buyer or any Affiliate of the CompanyBuyer, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the CompanyBuyer.

Appears in 1 contract

Sources: Stock and Partnership Interest Purchase Agreement (Ambi Inc)

Certain Payments. Since October 1December 31, 19951997, neither the no Acquired Company nor any or director, officer, agent, or employee of the any Acquired Company, or to Sellers' Knowledge, any other Person associated with or acting for or on behalf of the any Acquired Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the any Acquired Company or any Affiliate of the an Acquired Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the CompanyAcquired Companies.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Dynamic Health Products Inc)

Certain Payments. Since October January 1, 19952004, neither the Company nor Company, the Sellers or any directormanager, member, officer, agent, or employee of the Company, or to Sellers' Knowledge, Knowledge any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Purchase Agreement (Allis Chalmers Corp)

Certain Payments. Since October 1December 31, 19951998, neither Sellers, the Company nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, Knowledge any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Second Bancorp Inc)

Certain Payments. Since October January 1, 19951996, neither the Company nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, the Trust's Knowledge any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Svi Holdings Inc)

Certain Payments. Since October 1, 1995, neither the Company nor any director, officer, agent, or employee None of the CompanyCompanies or any of their respective directors, managers, officers, agents or to Sellers' Knowledgeemployees, nor any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made made, offered or agreed to offer any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the any Company or any Affiliate of the a Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any material fund or asset that has not been recorded in the books and records of the CompanyCompanies.

Appears in 1 contract

Sources: Master Asset Purchase Agreement (Eye Care Centers of America Inc)

Certain Payments. Since October 1November 15, 19951994,, neither the Company Seller nor any director, officer, agent, or employee of the Company, or nor to Sellers' Knowledge, Seller's Knowledge any other Person associated with or acting for or on behalf of the CompanySeller, has directly or indirectly (a) made indirectly: A. Made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, ; (ii) to pay for favorable treatment for business secured, ; (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company Copmany or any Affiliate affiliate of the Company, Company or (iv) in violation of any Legal Requirement, (b) established . B. Established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Concap Inc)

Certain Payments. Since October January 1, 19951994, neither the an Associated Company nor any director, officer, agent, or employee of the an Associated Company, or to Sellers' Knowledge, any other Person associated with or acting for or on behalf of the an Associated Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services in Material violation of any Legal Requirement (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, or (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the an Associated Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Granite Construction Inc)

Certain Payments. Since October January 1, 1995, neither to the Sellers' knowledge, the Company nor any or director, officer, agent, or employee of the Company, or to Sellers' Knowledge, any other Person associated with or acting for or on behalf of the Company, has not directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services services, (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions concessions, or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, legal requirement; or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Ansoft Corp)

Certain Payments. Since October 1December 31, 19951996, neither the no Acquired Company nor any or director, officer, agent, or employee of the any Acquired Company, or to Sellers' Knowledge, Knowledge any other Person associated with or acting for or on behalf of the any Acquired Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (iI) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the any Acquired Company or any Affiliate of the an Acquired Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the CompanyAcquired Companies.

Appears in 1 contract

Sources: Stock Purchase Agreement (American Resources & Development Co)

Certain Payments. Since October 1December 31, 19951996, neither the no Acquired Company nor any or director, officer, agent, or employee of the any Acquired Company, or to Sellers' Knowledge, Knowledge any other Person associated with or acting for or on behalf of the any Acquired Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the any Acquired Company or any Affiliate of the an Acquired Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the CompanyAcquired Companies.

Appears in 1 contract

Sources: Stock Purchase Agreement (American Resources & Development Co)

Certain Payments. Since October 1December 31, 19951996, neither the no Acquired Company nor any or director, officer, agent, or employee of the any Acquired Company, or to SellersSeller' Knowledge, Knowledge any other Person associated with or acting for or on behalf of the any Acquired Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the any Acquired Company or any Affiliate of the an Acquired Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the CompanyAcquired Companies.

Appears in 1 contract

Sources: Stock Exchange Agreement (American Resources & Development Co)

Certain Payments. Since October January 1, 19952000, neither the no Acquired Company nor any or director, officer, agent, or employee of the any Acquired Company, or to Sellers' Knowledge, Knowledge any other Person associated with or acting for or on behalf of the any Acquired Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the any Acquired Company or any Affiliate of the an Acquired Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the CompanyAcquired Companies.

Appears in 1 contract

Sources: Stock Purchase and Shareholders' Agreement (Sibling Entertainment Group, Inc.)

Certain Payments. Since October January 1, 1995, neither the 2009 no Acquired Company nor any or director, officer, agent, or employee of the any Acquired Company, or [to SellersSeller' Knowledge, ] any other Person associated with or acting for or on behalf of the any Acquired Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the any Acquired Company or any Affiliate of the an Acquired Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the CompanyAcquired Companies.

Appears in 1 contract

Sources: LLC Ownership Interest Purchase Agreement (Vystar Corp)

Certain Payments. Since October January 1, 19951999, neither the Company nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, knowledge any other Person associated with or acting for or on behalf of any the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate affiliate of the Company, or (iv) in violation of any Legal Requirementstatutes, laws or regulations, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Open Solutions Inc)

Certain Payments. Since October January 1, 19952004, to Seller's Knowledge, neither the Company Company, nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, or (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in each such case in violation of any Legal Requirement, or (b) established or maintained any fund or asset which should be recorded in the books and records of the Company that has not been so recorded in the books and records of the Company.

Appears in 1 contract

Sources: Unit Purchase Agreement (Source Interlink Companies Inc)

Certain Payments. Since October 1December 31, 19951992, neither the Acquired Company nor any director, officer, agent, or employee of the Acquired Company, or to Sellers' Knowledge, Knowledge any other Person associated with or acting for or on behalf of the Acquired Company, has directly or indirectly (a) made indirectly: A. Made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, ; (ii) to pay for favorable treatment for business secured, ; (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Acquired Company or any Affiliate of the Company, Acquired Company or (iv) in violation of any Legal Requirement, (b) established . B. Established or maintained any fund or asset that has not been recorded in the books and records of the Acquired Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Infocure Corp)

Certain Payments. Since October December 1, 19951996, neither the Company nor any or director, officer, agent, or employee of the Company, or to Sellers' Knowledge, Seller's Knowledge any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Securities Purchase Agreement (Seacor Smit Inc)

Certain Payments. Since October 1To Seller’s Knowledge, 1995, neither the no Acquired Company nor any or director, officer, agent, agent or employee of the any Acquired Company, or to Sellers' Knowledge, nor any other Person associated with or acting for or on behalf of the Business or any Acquired Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, kickback or other payment to any Person, private or public, regardless of form, whether in money, property, property or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Business, any Acquired Company or any Affiliate Related Person of the an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the CompanyAcquired Companies.

Appears in 1 contract

Sources: Share Purchase Agreement (Lennox International Inc)

Certain Payments. Since October 1To the Knowledge of the Sellers and the Company, 1995since December 31, 1996, neither the Company nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (iI) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (C & F Financial Corp)

Certain Payments. Since October January 1, 19952004, to the Company’s Knowledge, neither the Company Company, nor any director, officer, agent, or employee Employee of the Company, or to Sellers' Knowledge, any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, or (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in each such case in violation of any Legal Requirement, or (b) established or maintained any fund or asset which should be recorded in the books and records of the Company that has not been so recorded in the books and records of the Company.

Appears in 1 contract

Sources: Unit Purchase Agreement (Prestige Brands Holdings, Inc.)

Certain Payments. Since October January 1, 19951999, neither the Company nor any directorshareholder, officer, agent, director or employee officer of the Company, or to the knowledge of the Company and Sellers' Knowledge, any employee of the Company or any other authorized Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, kickback or other payment to any Person, private or public, regardless of form, whether in money, property, property or services (i) to obtain favorable treatment in securing business, ; (ii) to pay for favorable treatment for business secured, ; (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, ; or (iv) in violation of any Legal Requirement, applicable Law; or (b) except as set forth on Schedule 5.25(b), established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Mim Corp)

Certain Payments. Since October 1, 1995, neither the To Seller’s Knowledge,no Acquired Company nor any or director, officer, agent, agent or employee of the any Acquired Company, or to Sellers' Knowledge, nor any other Person associated with or acting for or on behalf of the Business or any Acquired Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, kickback or other payment to any Person, private or public, regardless of form, whether in money, property, property or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Business, any Acquired Company or any Affiliate Related Person of the an Acquired Company, or (iv) in violation of any Legal Requirement, or (b) established or maintained any fund or asset that has not been recorded in the books and records of the CompanyAcquired Companies.

Appears in 1 contract

Sources: Share Purchase Agreement (Lennox International Inc)

Certain Payments. Since October January 1, 19951992, neither the Company nor any director, officer, agent, or employee of the Company, or to Sellers' Knowledge, Knowledge any other Person associated with or acting for or on behalf of the Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the Company or any Affiliate of the Company, or (iv) in violation of any Legal Requirement, (b) established or maintained any fund or asset that has not been recorded in the books and records of the Company.

Appears in 1 contract

Sources: Stock Purchase Agreement (Master Graphics Inc)

Certain Payments. Since October January 1, 19951996, neither the no Acquired Company nor any or director, officer, agent, or employee of the any Acquired Company, or to Sellers' Knowledge, any other Person associated with or acting for or on behalf of the any Acquired Company, has directly or indirectly (a) made any contribution, gift, bribe, rebate, payoff, influence payment, kickback, or other payment to any Person, private or public, regardless of form, whether in money, property, or services (i) to obtain favorable treatment in securing business, (ii) to pay for favorable treatment for business secured, (iii) to obtain special concessions or for special concessions already obtained, for or in respect of the any Acquired Company or any Affiliate affiliate of the an Acquired Company, or (iv) in violation of any Legal Requirement, Requirement or (b) established or maintained any fund or asset that has not been recorded in the books and records of the CompanyAcquired Companies.

Appears in 1 contract

Sources: Stock Purchase Agreement (Gainsco Inc)