Common use of Qualified Small Business Stock Clause in Contracts

Qualified Small Business Stock. (a) As of and immediately following the Closing, the Shares will meet each of the requirements for qualification as “qualified small business stock” set forth in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the “Code”), including without limitation the following: (i) the Company will be a domestic C corporation, (ii) the Company will not have made any purchases of its own stock described in Code Section 1202(c)(3)(B) during the one-year period preceding the Closing, and (iii) the Company’s (and any predecessor’s) aggregate gross assets, as defined by Code Section 1202(d)(2), at no time from the date of incorporation of the Company and through the Closing have exceeded or will exceed $50 million, taking into account the assets of any corporations required to be aggregated with the Company in accordance with Code Section 1202(d)(3). (b) As of the Closing, at least 80% (by value) of the assets of the Company are used by it in the active conduct of one or more qualified trades or businesses, as defined by Code Section 1202(e)(3), and the Company is an eligible corporation, as defined by Code Section 1202(e)(4).

Qualified Small Business Stock. (a) As of and immediately following the Closing, the Shares Stock will meet each of the requirements for qualification as “"qualified small business stock” " set forth in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the “"Code”"), including without limitation the following: (i) the Company will be a domestic C corporation, (ii) the Company will not have made any purchases of its own stock described in Code Section 1202(c)(3)(B) during the one-year period preceding the Closing, and (iii) the Company’s 's (and any predecessor’s's) aggregate gross assets, as defined by Code Section 1202(d)(2), at no time from the date of incorporation of the Company and through the Closing have exceeded or will exceed $50 million, taking into account the assets of any corporations required to be aggregated with the Company in accordance with Code Section 1202(d)(3). (b) As of the Closing, at least 80% (by value) of the assets of the Company are used by it in the active conduct of one or more qualified trades or businesses, as defined by Code Section 1202(e)(3), and the Company is an eligible corporation, as defined by Code Section 1202(e)(4).

Qualified Small Business Stock. (a) As of and immediately following the Closing, the Shares Series C Preferred will meet each of the requirements for qualification as “"qualified small business stock” " set forth in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the “"Code”"), including without limitation the following: (i) the Company will be a domestic C corporation, (ii) the Company will not have made any purchases of its own stock described in Code Section 1202(c)(3)(B) during the one-year period preceding the Closing, and (iii) the Company’s 's (and any predecessor’s's) aggregate gross assets, as defined by Code Section 1202(d)(2), at no time from the date of incorporation of the Company and through the Closing have exceeded or will exceed $50 million, taking into account the assets of any corporations required to be aggregated with the Company in accordance with Code Section 1202(d)(3). (b) As of the Closing, at least 80% (by value) of the assets of the Company are used by it in the active conduct of one or more qualified trades or businesses, as defined by Code Section 1202(e)(3), and the Company is an eligible corporation, as defined by Code Section 1202(e)(4).

Qualified Small Business Stock. (a) As of and immediately following the Closing, the Shares Preferred Stock will meet each of the requirements for qualification as “"qualified small business stock” " set forth in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the “"Code”"), including without limitation the following: (i) the Company will be a domestic C corporation, (ii) the Company will not have made any purchases of its own stock described in Code Section 1202(c)(3)(B) during the one-year period preceding the Closing, and (iii) the Company’s 's (and any predecessor’s's) aggregate gross assets, as defined by Code Section 1202(d)(2), at no time from the date of incorporation of the Company and through the Closing have exceeded or will exceed $50 million, taking into account the assets of any corporations required to be aggregated with the Company in accordance with Code Section 1202(d)(3). (b) As of the Closing, at least 80% (by value) of the assets of the Company are used by it in the active conduct of one or more qualified trades or businesses, as defined by Code Section 1202(e)(3), and the Company is an eligible corporation, as defined by Code Section 1202(e)(4).

Qualified Small Business Stock. (a) As of and immediately following the ClosingClosing Date, the Shares will meet each of the requirements for qualification as “"qualified small business stock” " set forth in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the “"Code”"), including without limitation the following: (i) the Company will be a domestic C corporation, (ii) the Company will not have made any purchases of its own stock described in Code Section 1202(c)(3)(B) during the one-year period preceding the Closing, and (iii) the Company’s 's (and any predecessor’s's) aggregate gross assets, as defined by Code Section 1202(d)(2), at no time from the date of incorporation of the Company between inception and through the Closing Date have exceeded or will exceed $50 million, taking into account the assets of any corporations required to be aggregated with the Company in accordance with Code Section 1202(d)(3). (b) As of the ClosingClosing Date, at least 80% (by value) of the assets of the Company are used by it in the active conduct of one or more qualified trades or businesses, as defined by Code Section 1202(e)(3), and the Company is an eligible corporation, as defined by Code Section 1202(e)(4).

Qualified Small Business Stock. (a) As of and immediately following the Closing, the Shares will meet each of the requirements for qualification as “"qualified small business stock” " set forth in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the “"Code”"), including without limitation the following: (i) the Company will be a domestic C corporation, (ii) the Company will not have made any purchases of its own stock described in Code Section 1202(c)(3)(B) during the one-year period preceding the Closing, and (iii) the Company’s 's (and any predecessor’s's) aggregate gross assets, as defined by Code Section 1202(d)(2), at no time from the date of incorporation of the Company and through the Closing have exceeded or will exceed $50 million, taking into account the assets of any corporations required to be aggregated with the Company in accordance with Code Section 1202(d)(3). (b) As of the Closing, at least 80% (by value) of the assets of the Company are used by it in the active conduct of one or more qualified trades or businesses, as defined by Code Section 1202(e)(3), and the Company is an eligible corporation, as defined by Code Section 1202(e)(4).

Qualified Small Business Stock. (a) As of and immediately following the Closing, the Shares Series B Preferred Stock will meet each of the requirements for qualification as “"qualified small business stock” " set forth in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the “"Code”"), including without limitation the following: (i) the Company will be a domestic C corporation, (ii) the Company will not have made any purchases of its own stock described in Code Section 1202(c)(3)(B) during the one-year period preceding the Closing, Closing and (iii) the Company’s 's (and any predecessor’s's) aggregate gross assets, as defined by Code Section 1202(d)(2), at no time from the date of incorporation of the Company between August 10, 1993 and through the Closing have exceeded or will exceed 11 $50 million, taking into account the assets of any corporations required to be aggregated with the Company in accordance with Code Section 1202(d)(3). (b) As of the Closing, at least 80% (by value) of the assets of the Company are used by it in the active conduct of one or more qualified trades or businessesbusiness, as defined by Code Section 1202(e)(3), and the Company is an eligible corporation, as defined by Code Section 1202(e)(4).. [THIS SECTION

Qualified Small Business Stock. (a) As of and immediately following the Closing, the Shares Series B Preferred will meet each of the requirements for qualification as “"qualified small business stock” " set forth in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the “"Code”"), including without limitation the following: (i) the Company will be a domestic C corporation, (ii) the Company will not have made any purchases of its own stock described in Code Section 1202(c)(3)(B) during the one-year period preceding the Closing, and (iii) the Company’s 's (and any predecessor’s's) aggregate gross assets, as defined by Code Section 1202(d)(2), at no time from the date of incorporation of the Company and through the Closing have exceeded or will exceed $50 million, taking into account the assets of any corporations required to be aggregated with the Company in accordance with Code Section 1202(d)(3). (b) As of the Closing, at least 80% (by value) of the assets of the Company are used by it in the active conduct of one or more qualified trades or businesses, as defined by Code Section 1202(e)(3), and the Company is an eligible corporation, as defined by Code Section 1202(e)(4).

Qualified Small Business Stock. (a) As of and immediately following the ClosingClosing Date, the Shares will meet each of the requirements for qualification as “"qualified small business stock” " set forth in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the “"Code”"), including without limitation the following: (i) the Company will be a domestic C corporation, (ii) the Company will not have made any purchases of its own stock described in Code Section 1202(c)(3)(B) during the one-year period preceding the Closing, and (iii) the Company’s 's (and any predecessor’s's) aggregate gross assets, as defined by Code Section 1202(d)(2), at no time from the date of incorporation of the Company between August 10, 1993 and through the Closing Date have exceeded or will exceed $50 million, taking into account the assets of any corporations required to be aggregated with the Company in accordance with Code Section 1202(d)(3). (b) As of the ClosingClosing Date, at least 80% (by value) of the assets of the Company are used by it in the active conduct of one or more qualified trades or businesses, as defined by Code Section 1202(e)(3), and the Company is an eligible corporation, as defined by Code Section 1202(e)(4).