Qualified Small Business. To the Company's knowledge, the Shares should qualify as "Qualified Small Business Stock" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "Code"), as of the date hereof.
Appears in 4 contracts
Samples: Series C Preferred Stock Purchase Agreement (Mp3 Com Inc), Series C Preferred Stock Purchase Agreement (Mp3 Com Inc), Series C Preferred Stock Purchase Agreement (Mp3 Com Inc)
Qualified Small Business. To The Company represents and warrants to ------------------------ the Company's Investors that, to its knowledge, the Shares should qualify as "Qualified Small Business Stock" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "Code"), ) as of the date hereof.
Appears in 4 contracts
Samples: Series D Convertible Preferred Stock Purchase Agreement (Inventa Technologies Inc), Series C Convertible Preferred Stock Purchase Agreement (Inventa Technologies Inc), Series C Convertible Preferred Stock Purchase Agreement (Inventa Technologies Inc)
Qualified Small Business. To The Company represents and warrants to the Company's Purchasers that, to the best of its knowledge, the Shares should qualify as Company is a "Qualified Small Business Stockqualified small business" as defined in within the meaning of Section 1202(c1202(d) of the Internal Revenue Code of 1986, as amended (the "Code"), ) as of the date hereof and that upon issuance the Shares should qualify as "qualified small business stock" as defined in Section 1202(c) of the Code as of the date hereof.
Appears in 3 contracts
Samples: Series B 1 Preferred Stock Purchase Agreement (Oryx Technology Corp), Series B Preferred Stock Purchase Agreement (Oryx Technology Corp), Series C Preferred Stock Purchase Agreement (Oryx Technology Corp)
Qualified Small Business. To The Company represents and warrants to Purchasers that, to the Company's best of its knowledge, the Shares should qualify as "Qualified Small Business Stock" as defined in Company is a “qualified small business” within the meaning of Section 1202(c1202(d) of the Internal Revenue Code of 1986, as amended (the "“Code"”), as of the date hereof and the Shares should qualify as “qualified small business stock” as defined in Section 1202(c) of the Code as of the date hereof.
Appears in 3 contracts
Samples: Series a Preferred Stock Purchase Agreement, Asset Purchase Agreement (Portola Pharmaceuticals Inc), Asset Purchase Agreement (Portola Pharmaceuticals Inc)
Qualified Small Business. To The Company represents and warrants ------------------------ to the Company's Investors that, to its knowledge, the Shares should qualify as "Qualified Small Business Stock" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "Code"), ) as of the date hereof.
Appears in 3 contracts
Samples: Series C Convertible Preferred Stock Purchase Agreement (Inventa Technologies Inc), Series B Convertible Preferred Stock Purchase Agreement (Inventa Technologies Inc), Series B Convertible Preferred Stock Purchase Agreement (Inventa Technologies Inc)
Qualified Small Business. To The Company represents and warrants to the Company's Purchasers that, to the best of its knowledge, the Shares should qualify as "Qualified Small Business StockQUALIFIED SMALL BUSINESS STOCK" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "CodeCODE"), as of the date hereof.
Appears in 3 contracts
Samples: Purchase Agreement (Improvenet Inc), Series C Preferred Stock Purchase Agreement (Improvenet Inc), Second Series E Preferred Stock and Warrant Purchase Agreement (Improvenet Inc)
Qualified Small Business. To The Company represents and warrants to the Company's knowledge, the Shares should qualify Investor that it qualifies as a "Qualified Small Business StockBusiness" as defined in Section 1202(c1202(d) of the Internal Revenue Code of 1986, as amended (the "Code"), . The Company covenants that so long as it reasonably believes that the Series F Preferred Stock (and/or Conversion Shares) held by the Investor or a transferee would qualify as Qualified Small Business Stock as defined in Section 1202(c) of the date hereofCode it will timely file all reports or filings with the Internal Revenue Service required of a Qualified Small Business.
Appears in 2 contracts
Samples: Series F Preferred Stock Purchase Agreement (Signal Pharmaceuticals Inc), Series F Preferred Stock Purchase Agreement (Signal Pharmaceuticals Inc)
Qualified Small Business. To The Company represents and warrants to the Company's Purchasers that, to the best of its knowledge, the Shares should qualify as "Qualified Small Business Stock" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "Code"), as of the date hereof.
Appears in 2 contracts
Samples: Series B Preferred Stock and Warrant Purchase Agreement (Improvenet Inc), Warrant Purchase Agreement (Improvenet Inc)
Qualified Small Business. To The Company represents and warrants to the Company's Purchasers that, to the best of its knowledge, the Shares should qualify as "Qualified Small Business Stock" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "Code"), as of the date hereof.amended
Appears in 1 contract
Qualified Small Business. To the Company's knowledge, the Shares should qualify The Company represents and warrants to Investor that it qualifies as a "Qualified Small Business StockBusiness" as defined in Section 1202(c1202(d) of the Internal Revenue Code of 1986, as amended (the "Code"), . The Company covenants that so long as it reasonably believes that the Series D Preferred Stock (or shares issuable upon conversion) held by Investor or a transferee would qualify as Qualified Small Business Stock as defined in Section 1202(c) of the date hereof.Code it will
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Nanogen Inc)
Qualified Small Business. To The Company represents and warrants to the Company's knowledge, Purchasers that the Shares should qualify as "Qualified Small Business Stock" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "CodeCODE"), as of the date hereof.. The Company will use reasonable efforts to comply with the reporting and record keeping requirements of Section 1202 of the Code, any regulations promulgated thereunder and any
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Requisite Technology Inc /Co)
Qualified Small Business. To The Company represents and warrants to the Company's ------------------------ Purchasers that, to the best of its knowledge, the Shares Preferred Stock should qualify as "Qualified Small Business Stock" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "Code"), ) as of the date hereof. The Company will use reasonable efforts to comply with the reporting and recordkeeping requirements of Section 1202 of the Code and any regulations promulgated thereunder.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Verisign Inc/Ca)
