Corporate Controls. Neither the Company nor any of its Subsidiaries: (i) are aware of or have taken any action, directly or indirectly, that would result in a violation by such Persons of the FCPA or the Federal Law for the Liability of Public Servants, had such laws applied, including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any "foreign official" (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA or in violation of any Law of any Country of Operations; or (ii) have offered, promised, authorized or made, directly or indirectly, any unlawful payments or any payments or other inducements to any foreign official, with the intent or purpose or result of: (A) influencing any act or decision of such official in his official capacity, (B) inducing such official to do or omit to do any act in violation of the lawful duty of such official, or (C) inducing such official to use his influence with a government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality, in each case in order to assist the Company or any of its Subsidiaries in obtaining or retaining business for or with, or directing business to, any Person.
Appears in 1 contract
Sources: Securities Purchase Agreement (TPG Advisors Iii Inc)
Corporate Controls. Neither the Company nor any of its Subsidiaries: ------------------ (i) are aware of or have taken any action, directly or indirectly, that would result in a violation by such Persons of the FCPA or the Federal Law for the Liability of Public Servants, had such laws applied, including, without limitation, making use of the mails or any means or instrumentality of interstate commerce corruptly in furtherance of an offer, payment, promise to pay or authorization of the payment of any money, or other property, gift, promise to give, or authorization of the giving of anything of value to any "foreign official" (as such term is defined in the FCPA) or any foreign political party or official thereof or any candidate for foreign political office, in contravention of the FCPA or in violation of any Law of any Country of Operations; or (ii) have offered, promised, authorized or made, directly or indirectly, any unlawful payments or any payments or other inducements to any foreign official, with the intent or purpose or result of: (A) influencing any act or decision of such official in his official capacity, (B) inducing such official to do or omit to do any act in violation of the lawful duty of such official, or (C) inducing such official to use his influence with a government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality, in each case in order to assist the Company or any of its Subsidiaries in obtaining or retaining business for or with, or directing business to, any Person.
Appears in 1 contract
Sources: Securities Purchase Agreement (Convergent Communications Inc /Co)