OF BORROWER OR A
RESTRICTED SUBSIDIARY, (D) EXISTS IN ANY AGREEMENT IN EFFECT AT THE TIME SUCH
RESTRICTED SUBSIDIARY BECOMES A RESTRICTED SUBSIDIARY OF BORROWER, SO LONG AS
SUCH AGREEMENT WAS NOT ENTERED INTO IN CONTEMPLATION OF SUCH PERSON BECOMING A
RESTRICTED SUBSIDIARY OR (E) IS IMPOSED BY ANY AMENDMENTS OR REFINANCINGS THAT
ARE OTHERWISE PERMITTED BY THE LOAN DOCUMENTS OF THE CONTRACTS, INSTRUMENTS OR
OBLIGATIONS REFERRED TO IN CLAUSE (3) OR (5)(D); PROVIDED THAT SUCH AMENDMENTS
AND REFINANCINGS ARE NO MORE MATERIALLY RESTRICTIVE WITH RESPECT TO SUCH
PROHIBITIONS AND LIMITATIONS THAN THOSE PRIOR TO SUCH AMENDMENT OR REFINANCING.
SECTION 6.20
ANTI-TERRORISM LAW; ANTI-MONEY LAUNDERING.
(A)
DIRECTLY OR INDIRECTLY, (I) KNOWINGLY CONDUCT ANY BUSINESS OR
ENGAGE IN MAKING OR RECEIVING ANY CONTRIBUTION OF FUNDS, GOODS OR SERVICES TO OR
FOR THE BENEFIT OF ANY PER-
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SON DESCRIBED IN SECTION 3.22, (II) KNOWINGLY DEAL IN, OR OTHERWISE ENGAGE IN
ANY TRANSACTION RELATING TO, ANY PROPERTY OR INTERESTS IN PROPERTY BLOCKED
PURSUANT TO THE EXECUTIVE ORDER OR ANY OTHER ANTI-TERRORISM LAW, OR
(III) KNOWINGLY ENGAGE IN OR CONSPIRE TO ENGAGE IN ANY TRANSACTION THAT EVADES
OR AVOIDS, OR HAS THE PURPOSE OF EVADING OR AVOIDING, OR ATTEMPTS TO VIOLATE,
ANY OF THE PROHIBITIONS SET FORTH IN ANY ANTI-TERRORISM LAW (AND BORROWER SHALL
DELIVER TO THE LENDERS ANY CERTIFICATION OR OTHER EVIDENCE REQUESTED FROM TIME
TO TIME BY ANY LENDER IN ITS REASONABLE DISCRETION, CONFIRMING THE LOAN PARTIES'
COMPLIANCE WITH THIS SECTION 6.20).
(B)
CAUSE OR PERMIT ANY OF THE FUNDS OF SUCH LOAN PARTY THAT ARE USED
TO REPAY THE LOANS TO BE DERIVED FROM ANY UNLAWFUL ACTIVITY WITH THE RESULT THAT
THE MAKING OF THE LOANS WOULD BE IN VIOLATION OF ANY REQUIREMENT OF LAW.
SECTION 6.21
EMBARGOED PERSON. CAUSE OR PERMIT (A) ANY OF THE FUNDS
OR PROPERTIES OF THE LOAN PARTIES THAT ARE USED TO REPAY THE LOANS TO CONSTITUTE
PROPERTY OF, OR BE BENEFICIALLY OWNED DIRECTLY OR INDIRECTLY BY, ANY PERSON
SUBJECT TO SANCTIONS OR TRADE RESTRICTIONS UNDER UNITED STATES LAW ("EMBARGOED
PERSON" OR "EMBARGOED PERSONS") THAT IS IDENTIFIED ON (1) THE "LIST OF SPECIALLY
DESIGNATED NATIONALS AND BLOCKED PERSONS" MAINTAINED BY OFAC AND/OR ON ANY OTHER
SIMILAR LIST MAINTAINED BY OFAC PURSUANT TO ANY AUTHORIZING STATUTE INCLUDING,
BUT NOT LIMITED TO, THE INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT, 50 U.S.C.
§§ 1701 ET SEQ., THE TRADING WITH THE ENEMY ACT, 50 U.S.C. APP. 1 ET SEQ., AND
ANY EXECUTIVE ORDER OR REQUIREMENT OF LAW PROMULGATED THEREUNDER, WITH THE
RESULT THAT THE INVESTMENT IN THE LOAN PARTIES (WHETHER DIRECTLY OR INDIRECTLY)
IS PROHIBITED BY A REQUIREMENT OF LAW, OR THE LOANS MADE BY THE LENDERS WOULD BE
IN VIOLATION OF A REQUIREMENT OF LAW, OR (2) THE EXECUTIVE ORDER, ANY RELATED
ENABLING LEGISLATION OR ANY OTHER SIMILAR EXECUTIVE ORDERS OR (B) ANY EMBARGOED
PERSON TO HAVE ANY DIRECT OR INDIRECT INTEREST, OF ANY NATURE WHATSOEVER IN THE
LOAN PARTIES, WITH THE RESULT THAT THE INVESTMENT IN THE LOAN PARTIES (WHETHER
DIRECTLY OR INDIRECTLY) IS PROHIBITED BY A