Common use of Foreign Assets Control Clause in Contracts

Foreign Assets Control. (a) None of the Borrower, any subsidiary of the Borrower or any Affiliate of the Borrower or any Indemnitor (i) is a Sanctioned Person (defined below), (ii) has more than 15% of its assets in Sanctioned Countries (defined below), or (iii) derives more than 15% of its operating income from investments in, or transactions with Sanctioned Persons or Sanctioned Countries. The loan proceeds to be advanced by Lender will not be used and have not been used to fund any operations in, finance any investments or activities in or make any payments to, a Sanctioned Person or a Sanctioned Country. For purposes of the foregoing, a “Sanctioned Person” shall mean (i) a person named on the list of “specially designated nationals” or “blocked persons” maintained by the U.S. Office of Foreign Assets Control (“OFAC”) at http://▇▇▇.▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇/eotffc/ofac/sdn/index.html, or as otherwise published from time to time, or (ii) (A) an agency of the government of a Sanctioned Country, (B) an organization controlled by a Sanctioned Country, or (C) a person resident in a Sanctioned Country, to the extent subject to a sanctions program administered by OFAC. A “Sanctioned Country” shall mean a country subject to a sanctions program identified on the list maintained by OFAC and available at http://▇▇▇.▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇/eotffc/ofac/sanctions/index.html, or as otherwise published from time to time.

Foreign Assets Control. (a) None of the Borrower, any subsidiary of the Borrower or any Affiliate affiliate of the Borrower or any Indemnitor (i) is a Sanctioned Person (defined below), (ii) has more than 15% of its assets in Sanctioned Countries (defined below), or (iii) derives more than 15% of its operating income from investments in, or transactions with Sanctioned Persons or Sanctioned Countries. The loan proceeds to be advanced by Lender will not be used and have not been used to fund any operations in, finance any investments or activities in or make any payments to, a Sanctioned Person or a Sanctioned Country. For purposes of the foregoing, a “Sanctioned Person” shall mean (i) a person named on the list of “specially designated nationals” or “blocked persons” maintained by the U.S. Office of Foreign Assets Control (“OFAC”) at http://▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/offices/▇▇▇▇▇▇▇/eotffceotffc/ofac/sdn/index.htmlindex. html, or as otherwise published from time to time, or (ii) (A) an agency of the government of a Sanctioned Country, (B) an organization controlled by a Sanctioned Country, or (C) a person resident in a Sanctioned Country, to the extent subject to a sanctions program administered by OFAC. A “Sanctioned Country” shall mean a country subject to a sanctions program identified on the list maintained by OFAC and available at http://▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/offices/▇▇▇▇▇▇▇/eotffceotffc/ofac/sanctions/index.html, or as otherwise published from time to time.

Foreign Assets Control. (a) None of the Borrower, any subsidiary of the Borrower or any Affiliate of the Borrower or any Indemnitor (i) is a Sanctioned Person (defined below), (ii) has more than 15% of its assets in Sanctioned Countries (defined below), or (iii) derives more than 15% of its operating income from investments in, or transactions with Sanctioned Persons or Sanctioned Countries. The loan proceeds to be advanced by Lender will not be used and have not been used to fund any operations in, finance any investments or activities in or make any payments to, a Sanctioned Person or a Sanctioned Country. For purposes of the foregoing, a “Sanctioned Person” shall mean (i) a person named on the list of “specially designated nationals” or “blocked persons” maintained by the U.S. Office of Foreign Assets Control (“OFAC”) at http://▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/offices/▇▇▇▇▇▇▇/eotffceotffc/ofac/sdn/index.htmlindex. html, or as otherwise published from time to time, or (ii) (A) an agency of the government of a Sanctioned Country, (B) an organization controlled by a Sanctioned Country, or (C) a person resident in a Sanctioned Country, to the extent subject to a sanctions program administered by OFAC. A “Sanctioned Country” shall mean a country subject to a sanctions program identified on the list maintained by OFAC and available at http://▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/offices/▇▇▇▇▇▇▇/eotffceotffc/ofac/sanctions/index.html, . or as otherwise published from time to time.

Foreign Assets Control. (a) None of the Borrower, any subsidiary of the Borrower or any Affiliate of the Borrower or any Indemnitor (i) is a Sanctioned Person (defined below), (ii) has more than 15% of its assets in Sanctioned Countries (defined below), or (iii) derives more than 15% of its operating income from investments in, or transactions with Sanctioned Persons or Sanctioned Countries. The loan proceeds to be advanced by Lender will not be used and have not been used to fund fond any operations in, finance any investments or activities in or make any payments to, a Sanctioned Person or a Sanctioned Country. For purposes of the foregoing, a “Sanctioned Person” shall mean (i) a person named on the list of “specially designated nationals” or “blocked persons” maintained by the U.S. Office of Foreign Assets Control (“OFAC”) at http://▇▇▇.▇://▇▇▇▇▇▇▇▇.▇▇▇/offices/▇▇▇▇▇▇▇/eotffceotffc/ofac/sdn/index.html, or as otherwise published from time to time, or (ii) (A) an agency of the government of a Sanctioned Country, (B) an organization controlled by a Sanctioned Country, or (C) a person resident in a Sanctioned Country, to the extent subject to a sanctions program administered by OFAC. A “Sanctioned Country” shall mean a country subject to a sanctions program identified on the list maintained by OFAC and available at http://▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇/offices/▇▇▇▇▇▇▇/eotffceotffc/ofac/sanctions/index.html, or as otherwise published from time to time.