Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 81 contracts
Samples: Series a 1 Convertible Preferred Stock Purchase Agreement (K Wave Media Ltd.), Series a 1 Convertible Preferred Stock Purchase Agreement (K Wave Media Ltd.), Series a 1 Convertible Preferred Stock Purchase Agreement (K Wave Media Ltd.)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 74 contracts
Samples: Common Stock Purchase Agreement (Strike Axe, Inc), Common Stock and Warrant Purchase Agreement (PAVANA POWER Corp), Common Stock and Warrant Purchase Agreement (PAVANA POWER Corp)
Real Property Holding Corporation. The Company is not a “United States real property holding corporation corporation” within the meaning of the Code Section 897(c)(2) and any applicable regulations promulgated thereunder.
Appears in 13 contracts
Samples: Series E and Series E 2 Preferred Stock and Warrant Purchase Agreement, Series a Preferred Stock Purchase Agreement, Series B Preferred Stock Purchase Agreement
Real Property Holding Corporation. The Company is not a United States real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 10 contracts
Samples: Subscription Agreement (Ring Energy, Inc.), Series B Preferred Stock Purchase Agreement (Spirent PLC), Equity Investment and Supply Agreement (Oplink Communications Inc)
Real Property Holding Corporation. The Company is not a real --------------------------------- property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 8 contracts
Samples: Series B 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)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder.
Appears in 7 contracts
Samples: Series F Preferred Stock Purchase Agreement (Gen Probe Inc), Series F Preferred Stock Purchase Agreement (Gen Probe Inc), Common Stock and Warrant Purchase Agreement (Rigel Pharmaceuticals Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code of 1986, as amended (the "Code") and any regulations promulgated thereunder.
Appears in 7 contracts
Samples: Series D Convertible Preferred Stock Purchase Agreement (Inphonic Inc), Series D 4 Convertible Preferred Stock and Warrant Purchase Agreement (Inphonic Inc), Series B Convertible Preferred Stock Purchase Agreement (Inphonic Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Code and any regulations promulgated thereunder.
Appears in 7 contracts
Samples: Collaborative Research Agreement (Codexis Inc), Collaborative Research Agreement (Codexis Inc), Stock Purchase Agreement (Cornerstone Therapeutics Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code of 1986, as amended (the “Code”) and any regulations promulgated thereunder.
Appears in 6 contracts
Samples: Common Stock and Warrant Purchase Agreement (IsoRay, Inc.), Warrant and Common Stock Purchase Agreement (Protalex Inc), Warrant and Common Stock Purchase Agreement (Protalex Inc)
Real Property Holding Corporation. The Company is not a “United States real property holding corporation corporation” within the meaning of Code Section 897(c)(2) of the Code and any regulations promulgated thereunder.
Appears in 5 contracts
Samples: Series D Preferred Stock Purchase Agreement (Xstream Systems Inc), Series D Preferred Stock Purchase Agreement (Xstream Systems Inc), Series a Preferred Stock Purchase Agreement (Xstream Systems Inc)
Real Property Holding Corporation. The Company is not not, nor has it been, a “United States real property holding corporation within the meaning of Code corporation” (as defined in Section 897(c)(2) and any regulations promulgated thereunderof the Code) during the applicable period specified in Section 897(c)(1) of the Code.
Appears in 5 contracts
Samples: Merger Agreement (Avalo Therapeutics, Inc.), Merger Agreement (Cerecor Inc.), Merger Agreement (Aevi Genomic Medicine, Inc.)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code of 1986 (the "Code"), as amended, and any regulations promulgated thereunder.
Appears in 5 contracts
Samples: Strategic Alliance Agreement (Theravance Inc), Strategic Alliance Agreement (Theravance Inc), Strategic Alliance Agreement (Theravance Inc)
Real Property Holding Corporation. The Company is not a “real property holding corporation corporation” within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Internal Revenue Code of 1986, as amended.
Appears in 5 contracts
Samples: Securities Purchase Agreement (MedAvail Holdings, Inc.), Securities Purchase Agreement (MedAvail Holdings, Inc.), Securities Purchase Agreement (MedAvail Holdings, Inc.)
Real Property Holding Corporation. The Company is has not been a United States real property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code during the applicable period specified in Section 897(c)(1)(A)(ii).
Appears in 5 contracts
Samples: Merger Agreement (Appliedtheory Corp), Merger Agreement (Appliedtheory Corp), Merger Agreement (Pure Vanilla Exchange Inc)
Real Property Holding Corporation. The Company is not a real --------------------------------- property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 4 contracts
Samples: Series B Preferred Stock Purchase Agreement (2bridge), Purchase Agreement (2bridge), Series C Preferred Stock Purchase Agreement (Curon Medical Inc)
Real Property Holding Corporation. The Company is not a "United States real property holding corporation within the meaning of Code Section corporation" as defined in section 897(c)(2) of the Code and any regulations promulgated thereunderTreasury Regulation section 1.897-2(b).
Appears in 4 contracts
Samples: Series a Preferred Stock Purchase Agreement (Specialized Health Products International Inc), Series a Preferred Stock Purchase Agreement (Galen Partners Iii L P), Series a Preferred Stock Purchase Agreement (Galen Partners Iii L P)
Real Property Holding Corporation. The Company is not and has not been a United States real property holding corporation within the meaning of Code Section 897(c)(2) and of the Code at any regulations promulgated thereundertime during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Miad Systems LTD), Agreement and Plan of Reorganization (Ecash, Inc), Stock Purchase Agreement (Miad Systems LTD)
Real Property Holding Corporation. The Company is not a United States real property holding corporation within the meaning of the Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 3 contracts
Samples: Collaboration Agreement (Sunesis Pharmaceuticals Inc), Collaboration Agreement (Sunesis Pharmaceuticals Inc), Stock Purchase Agreement (Sunesis Pharmaceuticals Inc)
Real Property Holding Corporation. The Company is not a “United States real property holding corporation corporation” within the meaning of the Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 3 contracts
Samples: Series a Preferred Share Purchase Agreement, Series C Preferred Securities Purchase Agreement (Constellation Alpha Capital Corp.), Series a Preferred Share Purchase Agreement (Bakbone Software Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code of 1986 (the “Code”), as amended, and any regulations promulgated thereunder.
Appears in 3 contracts
Samples: Strategic Alliance Agreement (Theravance Inc), Common Stock Purchase Agreement (Theravance Inc), Common Stock Purchase Agreement (Theravance Inc)
Real Property Holding Corporation. The Company is not a United States real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations Section 1.897-2(c) of the Treasury Regulations promulgated thereunder.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sandler Capital Management), Securities Purchase Agreement (TSG Capital Fund Iii L P)
Real Property Holding Corporation. The Company is not and has never been a United States real property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code.
Appears in 2 contracts
Samples: Share Purchase Agreement (Cullinan Oncology, Inc.), Stock Purchase Agreement (Cool Holdings, Inc.)
Real Property Holding Corporation. The Company is not a "real --------------------------------- property holding corporation corporation" within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Geocities), Preferred Stock Purchase Agreement (Geocities)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Code and any regulations promulgated thereunder.
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)
Real Property Holding Corporation. The Company Corporation is not a real property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Americasdoctor Com Inc), Securities Purchase Agreement (Americasdoctor Com Inc)
Real Property Holding Corporation. The Company is not a "real --------------------------------- property holding corporation corporation" within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Internal Revenue Code of 1986, as amended.
Appears in 2 contracts
Samples: Series D Preferred Stock Purchase Agreement (Worldres Com Inc), Series C Preferred Stock and Warrant Purchase Agreement (Worldres Com Inc)
Real Property Holding Corporation. The Company Connetics is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code and any regulations promulgated thereunder.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Connetics Corp), Common Stock Purchase Agreement (Connetics Corp)
Real Property Holding Corporation. The Company is not a United States real property holding corporation within as defined in Section 897 of the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderCode.
Appears in 2 contracts
Samples: Oem Agreement (Utstarcom Inc), Oem Agreement (Interwave Communications International LTD)
Real Property Holding Corporation. The Company is not a real --------------------------------- property holding corporation within the meaning of Section 8979(c)(2) of the Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 2 contracts
Samples: Subscription Agreement (General Electric Capital Corp), Series a Subscription Agreement (Net2phone Inc)
Real Property Holding Corporation. The Except as described in the Prospectus, the Company is not not, nor has it ever been, a U.S. real property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code.
Appears in 2 contracts
Samples: Sales Agreement (BOSTON OMAHA Corp), Sales Agreement (BOSTON OMAHA Corp)
Real Property Holding Corporation. The Company is not a "real property holding corporation corporation" within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the United States Internal Revenue Code of 1986, as amended.
Appears in 1 contract
Samples: Stock and Convertible Note Purchase Agreement (Macrovision Corp)
Real Property Holding Corporation. The Company is not a real --------------------------------- property holding corporation within the meaning of Code Section 897(c)(2) of the Code and any regulations promulgated thereunder.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Zhone Technologies Inc)
Real Property Holding Corporation. The Company is not a “United States real property holding corporation corporation” within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunder.of the Code. EXHIBIT F
Appears in 1 contract
Samples: Joint Venture Agreement
Real Property Holding Corporation. The Company is not a real --------------------------------- property holding corporation within the meaning of Code Section 897(c)(2) of the Code and any regulations regulation promulgated thereunder.
Appears in 1 contract
Samples: Series H Convertible Preferred Stock Purchase Agreement (Adolor Corp)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code of 1986, as amended (the "Code") and any regulations promulgated thereunder. (aa) Investment Company Act. The Company is not an "investment company", or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (Bank of America Corp /De/)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 1 contract
Real Property Holding Corporation. The Company it is not a "United States real property holding corporation corporation" within the meaning of Code Section 897(c)(2) 897 of the Code, as amended, and any regulations promulgated thereunderTreasury Regulation Section 1.897-2.
Appears in 1 contract
Samples: Securities Purchase and Loan Agreement (National Investment Managers Inc.)
Real Property Holding Corporation. The Company is not a “United States real property holding corporation corporation” within the meaning of Internal Revenue Code Section section 897(c)(2) and any the regulations promulgated thereunder.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Activecare, Inc.)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.. 4. REPRESENTATIONS, WARRANTIES AND CERTAIN AGREEMENTS OF EACH INVESTOR. Each Investor hereby severally, and not jointly, represents and warrants to the Company, and agrees that: (a)
Appears in 1 contract
Samples: Stock Purchase and Investor Rights Agreement (Intel Corp)
Real Property Holding Corporation. The Company is not a “United States real property holding corporation corporation” within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code.
Appears in 1 contract
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of the Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 1 contract
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunderthereunder and the Company has filed with the Internal Revenue Service all statements, if any, which are required under Section 1.897-2(h) of the Treasury Regulations.
Appears in 1 contract
Samples: Series B Convertible Preferred Stock Purchase Agreement (Limelight Networks, Inc.)
Real Property Holding Corporation. The Company is not a “real property holding corporation corporation” within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code.
Appears in 1 contract
Samples: Stock Purchase Agreement Amendment (Emerging Fuels Technology, Inc.)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 1 contract
Samples: Series B Preferred Stock Purchase Agreement (Nocimed, Inc.)
Real Property Holding Corporation. The Company Corporation is not a real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 1 contract
Samples: Series E Preferred Stock Purchase Agreement (Adesso Healthcare Technology Services Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation United States Real Property Holding Corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code.
Appears in 1 contract
Samples: Series a Preferred Stock Purchase Agreement (Aether Systems LLC)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code of 1986, as amended (the "Code"), and any regulations promulgated thereunder.
Appears in 1 contract
Samples: Collaborative Research and License Agreement (Axys Pharmecueticals Inc)
Real Property Holding Corporation. The Company is not has never been a real property holding corporation within the meaning of Code Section 897(c)(2897(c) and any regulations promulgated thereunderof the Code.
Appears in 1 contract
Real Property Holding Corporation. The Company is not a “United States real property holding corporation corporation” within the meaning of the Code Section 897(c)(2) and any regulations regulation promulgated thereunder.
Appears in 1 contract
Samples: Stock Purchase and Loan Option Agreement (Mr3 Systems Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation United States Real Property Holding Corporation within the meaning of Code Section 897(c)(2897(c) and any regulations promulgated thereunderof the Code.
Appears in 1 contract
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of the Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 1 contract
Samples: Series D Preferred Stock Purchase Agreement (Combichem Inc)
Real Property Holding Corporation. The Company is not a --------------------------------- "real property holding corporation corporation" within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code.
Appears in 1 contract
Samples: Stock Purchase Agreement (Geocities)
Real Property Holding Corporation. The Company is not a “United States real property holding corporation corporation” within the meaning of the Internal Revenue Code Section 897(c)(2) and any applicable regulations promulgated thereunder.
Appears in 1 contract
Real Property Holding Corporation. The Company is not nor has it been a United States real property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderduring the applicable period specified in Code Section 897(c)(1)(A)(ii).
Appears in 1 contract
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the United States Internal Revenue Code of 1986, as amended (the "Code"), and any regulations promulgated thereunder.
Appears in 1 contract
Samples: Series C Preferred Stock and Warrant Purchase Agreement (Decode Genetics Inc)
