CompUSA 2014 Annual Report Download - page 148

(e) Anti-Money Laundering.
The operations of each Company are and have been conducted since January 1, 2012 in
material compliance with applicable financial recordkeeping and reporting requirements of the Currency and Foreign Transactions Reporting
Act of 1970, as amended, the anti-
money laundering statutes of all applicable jurisdictions, the rules and regulations thereunder and any related
or similar rules, regulations or guidelines, issued, administered or enforced by any governmental agency (collectively, the “Anti-
Money
Laundering Laws”);
and no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator
involving any Company with respect to the Anti-
Money Laundering Laws is pending for which notice has been received or, to the Knowledge of
the Seller, threatened.
(f)
Each Company is in compliance in all material respects with the terms of its Government Contracts, including
without limitation any “most favored nations”
or similar preferred pricing formula for the benefit of the customer, other than immaterial breaches
in an amount which together with any interest or penalties that could be assessed in respect thereof are not greater than $25,000 in the aggregate.
3.16 Insurance.
Schedule 3.16 contains a list of and description of all insurance policies (other than those that are Employee Benefit
Plans) maintained by each of the Companies and the Seller. Such policies are (a) valid, outstanding and enforceable policies subject to the terms,
conditions, exclusions and limitations contained therein; and (b) have not been subject to any lapse in coverage since January 1, 2013. All
premiums with respect to such policies covering all periods up to and including the date hereof have been paid or, if due and payable prior to
Closing, will be paid prior to Closing in accordance with the payment terms of each policy. Since December 1, 2014, no written notice of
cancellation or termination has been received with respect to any such policy as in effect on the date hereof. Except as set forth on Schedule
3.16, the policies set forth on Schedule 3.16 do not provide for any retrospective premium adjustment or other experience-
based liability on the
part of any of the Companies. Except as set forth on Schedule 3.16, there are no claims related to the business of any of the Companies pending
under any such policies as to which coverage has been questioned, denied or disputed or in respect of which there is an outstanding reservation
of rights. None of the Seller nor any of the Companies is in default under, or has otherwise failed to comply with, in any material respect, any
provision contained in any such policies. Except as set forth on Schedule 3.16, to the Knowledge of the Seller, the policies set forth on Schedule
3.16 are of the type and in the amounts customarily carried by Persons conducting a business similar to the Companies and are sufficient for
compliance with all applicable Laws and any Material Contract to which each of the Companies is a party or by which it is bound.
3.17 Material Contracts.
(a)
Schedule 3.17(a) sets forth a complete list of each executory contract, lease or other written agreement to which any
of the Companies is a party, other than customer or supplier purchase orders entered into in the ordinary course of business (the “
Material
Contracts”), and which constitute:
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