Common use of Public Utility Holding Company Act; Investment Company Act and U.S. Real Property Holding Corporation Status Clause in Contracts

Public Utility Holding Company Act; Investment Company Act and U.S. Real Property Holding Corporation Status. The Company is not a “holding company” or a “public utility company” as such terms are defined in the Public Utility Holding Company Act of 1935, as amended. The Company is not, and as a result of and immediately upon the Closing will not be, an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended. The Company is not and has never been a U.S. real property holding corporation within the meaning of Section 897 of the Internal Revenue Code of 1986, as amended.

Appears in 37 contracts

Samples: Note Purchase Agreement (Youngevity International, Inc.), Securities Purchase Agreement (mLight Tech, Inc.), Note Purchase Agreement (Youngevity International, Inc.)

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Public Utility Holding Company Act; Investment Company Act and U.S. Real Property Holding Corporation Status. The To the Company’s knowledge, the Company is not a “holding company” or a “public utility company” as such terms are defined in the Public Utility Holding Company Act of 1935, as amended. The To the Company’s knowledge, the Company is not, and as a result of and immediately upon the Closing will not be, an “investment company” or a company “controlled” by an “investment company,” within the meaning of the Investment Company Act of 1940, as amended. The Company is not and has never been a U.S. United States (“U.S.”) real property holding corporation within the meaning of Section 897 of the U.S. Internal Revenue Code of 1986, as amendedamended the (“Code”).

Appears in 1 contract

Samples: Securities Purchase Agreement (Compass Acquisition CORP)

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Public Utility Holding Company Act; Investment Company Act and U.S. Real Property Holding Corporation Status. The Company is not a "holding company" or a "public utility company" as such terms are defined in the Public Utility Holding Company Act of 1935, as amended. The Company is not, and as a result of and immediately upon the Closing will not be, an "investment company" or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended. The Company is not and has never been a U.S. real property holding corporation within the meaning of Section 897 of the Internal Revenue Code of 1986, as amended.

Appears in 1 contract

Samples: Note Purchase Agreement (BioCorRx Inc.)

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