Common use of Section 897 Clause in Contracts

Section 897. The Company: (i) is not and has never been a “United States real property holding corporation” within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code; and (ii) has not made the election provided under section 897(i) of the Code.

Appears in 2 contracts

Samples: Merger Agreement (Select Comfort Corp), Merger Agreement (EnteroMedics Inc)

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Section 897. The Company: (i) is not and has never been a “United States real property holding corporation” within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code; and (ii) has not made the election provided under section Section 897(i) of the Code.

Appears in 1 contract

Samples: Merger Agreement (Level Brands, Inc.)

Section 897. The Company: (i) is not and or has never not been a United States real property holding corporation” corporation within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code; and (ii) has not made the election provided under section 897(i) of the Code.

Appears in 1 contract

Samples: Merger Agreement (KnowBe4, Inc.)

Section 897. The Company: (i) is not and has never been a United States real property holding corporation” corporation within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code; and or (ii) has not made the election provided under section 897(i) of the Code.

Appears in 1 contract

Samples: Merger Agreement (FireEye, Inc.)

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Section 897. The Company: (i) is not and has never been a "United States real property holding corporation" within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code; and (ii) has not made the election provided under section 897(i) of the Code.

Appears in 1 contract

Samples: Merger Agreement (EnteroMedics Inc)

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