Qualified Small Business. The Company is a “qualified small business” within the meaning of Section 1202(d) of the Internal Revenue Code of 1986, as amended (the “Code”), as of the date hereof. The Company meets the “active business requirement” of Section 1202(e) of the Code, and it has made no “significant redemptions” within the meaning of Section 1202(c)(3)(B) of the Code.
Appears in 2 contracts
Samples: Subordinated Convertible Note and Warrant Purchase Agreement (Nimblegen Systems Inc), Subordinated Convertible Note and Warrant Purchase Agreement (Nimblegen Systems Inc)
Qualified Small Business. The Company represents and warrants to Purchasers that, to the best of its knowledge, the Company is currently a “qualified small business” within the meaning of Section 1202(d) of the Internal Revenue Code of 1986, as amended (the “Code”), as of the date hereof. The Company meets hereof and the Shares should qualify as “active qualified small business requirementstock” of as defined in Section 1202(e1202(c) of the Code, and it has made no “significant redemptions” within the meaning of Section 1202(c)(3)(B) Code as of the Codedate hereof.
Appears in 2 contracts
Samples: Series a Convertible Preferred Stock Purchase Agreement (K Wave Media Ltd.), Series a Convertible Preferred Stock Purchase Agreement (K Wave Media Ltd.)
Qualified Small Business. The To the best of its knowledge, the Company is a “qualified small business” within the meaning of Section 1202(d) of the Internal Revenue Code of 1986Code, as amended (of the date hereof and the Shares should qualify as “Code”), qualified small business stock” as defined in Section 1202(c) of the Code as of the date hereof. The As of the date hereof, the Company meets the “active business requirement” of Section 1202(e) of the Code, and it has made no “significant redemptions” within the meaning of Section 1202(c)(3)(B) of the Code.
Appears in 2 contracts
Samples: License Agreement (Ironwood Pharmaceuticals Inc), License Agreement (Ironwood Pharmaceuticals Inc)
Qualified Small Business. The Company is a “qualified small business” within the meaning of Section 1202(d) of the Internal Revenue Code and of 1986, the date hereof and the shares of the Company’s capital stock issuable upon conversion of the Notes and exercise of the Warrants should qualify as amended (“qualified small business stock” as defined in Section 1202(c) of the “Code”), Code as of the date hereof. The As of the date hereof, the Company meets the “active business requirement” of Section 1202(e) of the Code, and it has made no “significant redemptions” within the meaning of Section 1202(c)(3)(B) of the Code.
Appears in 1 contract
Samples: Note and Warrant Purchase Agreement (ARCA Biopharma, Inc.)
Qualified Small Business. The Company is a “"qualified small business” " within the meaning of Section 1202(d) of the Internal Revenue Code of 1986, as amended (the “Code”), as of the date hereof. The Company meets the “active business requirement” of Section 1202(e) of the Code, and it has made no “significant redemptions” within the meaning of Section 1202(c)(3)(B) of the Code.
Appears in 1 contract
Samples: Securities Purchase Agreement (California Culinary Academy Inc)
Qualified Small Business. The Company is a “"qualified small business” " within the meaning of Section 1202(d) of the Internal Revenue Code as of 1986, the date hereof and the Series B Preferred should qualify as amended ("qualified small business stock" as defined in Section 1202(c) of the “Code”), Code as of the date hereof. The Company further represents and warrants that, as of the date hereof, it meets the “"active business requirement” " of Section 1202(e) of the Code, Code and it has made no “"significant redemptions” " within the meaning of Section 1202(c)(3)(B) of the Code.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (Bank of America Corp /De/)
