Common use of PFIC Clause in Contracts

PFIC. Subject to the qualifications and assumptions set forth in the SEC Reports, the Company is not, and upon the sale of the Securities contemplated hereby does not expect to become, a “passive foreign investment company” (as defined in Section 1297 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder).

Appears in 3 contracts

Samples: Securities Purchase Agreement (Eloxx Pharmaceuticals, Inc.), Securities Purchase Agreement (Heron Therapeutics, Inc. /De/), Securities Purchase Agreement (Heron Therapeutics, Inc. /De/)

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PFIC. Subject to the qualifications and assumptions set forth in the SEC Reports, the Company is not, and upon the sale of the Securities Shares and Warrants contemplated hereby does not expect to become, a “passive foreign investment company” (as defined in Section 1297 of the Internal Code Revenue Code of 1986, as amended, and the regulations promulgated thereunder).

Appears in 3 contracts

Samples: Securities Purchase Agreement (Progenity, Inc.), Securities Purchase Agreement (Alpine Immune Sciences, Inc.), Securities Purchase Agreement (Alpine Immune Sciences, Inc.)

PFIC. Subject to the qualifications and assumptions set forth in the SEC ReportsDocuments, the Company is not, and upon the sale of the Securities Shares contemplated hereby does not expect to become, a “passive foreign investment company” (as defined in Section 1297 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder).

Appears in 2 contracts

Samples: Securities Purchase Agreement (Puma Biotechnology, Inc.), Securities Purchase Agreement (Puma Biotechnology, Inc.)

PFIC. Subject to the qualifications and assumptions set forth in the SEC Reports, the Company is not, and upon the sale of the Securities Shares and Warrants contemplated hereby does not expect to become, a “passive foreign investment company” (as defined in Section 1297 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder).

Appears in 1 contract

Samples: Securities Purchase Agreement (Progenity, Inc.)

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PFIC. Subject to the qualifications and assumptions set forth in the SEC Reports, the Company is not, and upon the sale of the Securities Shares contemplated hereby does not expect to become, a “passive foreign investment company” (as defined in Section 1297 of the Internal Code Revenue Code of 1986, as amended, and the regulations promulgated thereunder).

Appears in 1 contract

Samples: Stock Purchase Agreement (Alpine Immune Sciences, Inc.)

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