Common use of Not a Passive Foreign Investment Company Clause in Contracts

Not a Passive Foreign Investment Company. Subject to the qualifications and assumptions set forth in the Registration Statement, the Company is not, and upon the sale of the Shares contemplated by this Agreement does not expect to become, a “passive foreign investment company” (as defined in Section 1297 of the Code, and the regulations promulgated thereunder).

Appears in 7 contracts

Samples: Equity Distribution Agreement (Co-Diagnostics, Inc.), Equity Distribution Agreement (Miromatrix Medical Inc.), Purchase Agreement (Aravive, Inc.)

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Not a Passive Foreign Investment Company. Subject to the qualifications and assumptions set forth in the Registration Statement, the Time of Sale Prospectus or the Prospectus, the Company is notbelieves that it is, and upon the sale of the Offered Shares contemplated by this Agreement does not expect expects to becomebe, a “passive foreign investment company” (as defined in Section 1297 of the Code, and the regulations promulgated thereunder).

Appears in 3 contracts

Samples: Underwriting Agreement (Aptose Biosciences Inc.), Underwriting Agreement (Aptose Biosciences Inc.), Underwriting Agreement (Aptose Biosciences Inc.)

Not a Passive Foreign Investment Company. Subject to the qualifications and assumptions set forth in the Registration Statement, the Company is not, and upon the sale of the Shares Securities contemplated by this Agreement does not expect to become, a “passive foreign investment company” (as defined in Section 1297 of the Code, and the regulations promulgated thereunder).

Appears in 2 contracts

Samples: Purchase Agreement (POINT Biopharma Global Inc.), Purchase Agreement (Fulgent Genetics, Inc.)

Not a Passive Foreign Investment Company. Subject to the qualifications and assumptions set forth in the Registration Statement, the Company is not, and upon the sale of the Shares contemplated by this Agreement hereby does not expect to become, a “passive foreign investment company” (as defined in Section 1297 of the Code, Code and the regulations promulgated thereunder).

Appears in 1 contract

Samples: Equity Distribution Agreement (Alpine Immune Sciences, Inc.)

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Not a Passive Foreign Investment Company. Subject to the qualifications and assumptions set forth in the Registration Statement, the Company is not, and upon the sale of the Shares contemplated by this Agreement does not expect to become, a “passive foreign investment company” (as defined in Section 1297 of the Code, and the regulations promulgated thereunder).

Appears in 1 contract

Samples: Equity Distribution Agreement (Aptevo Therapeutics Inc.)

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