Using Loan Proceeds. (a) Subject to the terms and conditions of Article IV, Borrower must use the Loan proceeds for the purposes specified in Section 2.1(e). (b) Borrower will not request any Advance, and will not use, and Borrower will use their commercially reasonable efforts that their respective Affiliates and each of their respective directors, officers, and employees shall not use, the proceeds of any Advance in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws. Borrower will not, directly or indirectly, knowingly use the proceeds of the Advances, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other Person, (i) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or (ii) in any other manner that would result in a violation of Sanctions by any Person (including any Person participating in the Advances, whether as underwriter, advisor, investor, or otherwise).
Appears in 1 contract
Sources: Revolving and Term Loan Agreement (KBS Real Estate Investment Trust III, Inc.)
Using Loan Proceeds. (a) Subject to the terms and conditions of Article IV, Borrower Borrowers must use the Loan proceeds for the acquisition of each Project in accordance with the terms and conditions of this Agreement, and for the other purposes specified in Section 2.1(e).
(b) Borrower Borrowers will not request any Advance, and will not use, and Borrower Borrowers will use their commercially reasonable efforts that their respective Affiliates and each of their respective directors, officers, and employees shall not use, the proceeds of any Advance in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws. Borrower Borrowers will not, directly or indirectly, knowingly use the proceeds of the Advances, or lend, contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other Person, (i) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or (ii) in any other manner that would result in a violation of Sanctions by any Person (including any Person participating in the Advances, whether as underwriter, advisor, investor, or otherwise).
Appears in 1 contract
Sources: Term Loan Agreement (KBS Real Estate Investment Trust III, Inc.)