Common use of NATURE OF THE ACTION Clause in Contracts

NATURE OF THE ACTION. As alleged in United States ▇. ▇▇▇▇+▇▇▇▇▇▇ Co., 21 Cr. (the “R+B Information”), attached as Exhibit A and incorporated by reference herein), from at least in or about 2004 up through and including at least in or about 2012, ▇▇▇▇+▇▇▇▇▇▇ Co. (“R+B”), a Swiss bank, conspired with others known and unknown to defraud the United States of certain taxes due and owing by concealing from the United States Internal Revenue Service (“IRS”) undeclared accounts owned by U.S. taxpayers at R+B. On or about , the United States Attorney’s Office for the Southern District of New York (the “Office”), the United States Department of Justice Tax Division, and R+B entered into a deferred prosecution agreement (the “DPA” or the “R+B DPA,” attached as Exhibit B and incorporated by reference herein).