IMPORTS AND EXPORTS. (a) Each United States and other Customs Duty with respect to any Acquired Company has been paid. Since January 1, 2010, to the Knowledge of the Company, with respect to the imports into and exports from the United States of any Acquired Company (if any), (a) adequate cash deposits and bonds have been posted with respect to all entries that are not yet liquidated and final and (b) no entry has been subjected to suspension of liquidation pursuant to antidumping or countervailing duty orders. To the Knowledge of the Company, no Acquired Company is the subject of any United States Customs and Border Protection or any other Governmental Authority’s prepenalty notice or penalty claim, claim for liquidated damages or claim for redelivery of merchandise to customs custody. The Company has maintained at least five years’ worth of import records as required by sections 508 and 509 of the U.S. Tariff Act of 1930 (to the extent applicable to the Company) and the relevant records as required by other similar Applicable Laws. “Customs Duty” means any Tax, tariff, fee, expense, processing charge or other impost imposed by any Governmental Authority upon any item by reason of such item’s importation into the United States or any other country.
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Sources: Agreement and Plan of Merger (Imation Corp), Agreement and Plan of Merger (Imation Corp)