Common use of Small Business Concern Clause in Contracts

Small Business Concern. Borrower and, for purposes of this Section 3.25, its “affiliates” (as that term is defined in Title 13, Code of Federal Regulations, § 121.103), is a “small business concern” within the meaning of the Small Business Investment Act. The information set forth in SBA Forms 480, 652 and Parts A and B of Form 1031 regarding the Credit Parties will, upon delivery pursuant to Article V hereof, be accurate and complete. The Credit Parties do not presently engage in and will not use directly or indirectly, the proceeds from the Loans for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations § 107.720.

Appears in 3 contracts

Samples: Loan Agreement (Guerrilla RF, Inc.), Loan Agreement (Guerrilla RF, Inc.), Loan Agreement (Guerrilla RF, Inc.)

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Small Business Concern. Borrower andBorrower, for purposes of this Section 3.25, together with its “affiliates” (as that term is defined in Title 13, Code of Federal Regulations, § §121.103), is a “small business concern” within the meaning of the Small Business Investment ActAct of 1958, as amended, and the regulations promulgated thereunder. The information set forth in SBA the Small Business Administration Forms 480, 652 and Parts A and B of Form 1031 regarding the Credit Parties willBorrower upon delivery, upon delivery pursuant to Article V Section 4.1 hereof, will be accurate and complete. The Credit Parties do Borrower does not presently engage in in, and it will not hereafter engage in, any activities, and Borrower will not use directly or indirectly, the proceeds from the Loans Loan, for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations § §107.720.

Appears in 3 contracts

Samples: Loan Agreement (Accentia Biopharmaceuticals Inc), Loan Agreement (Accentia Biopharmaceuticals Inc), Loan Agreement (Accentia Biopharmaceuticals Inc)

Small Business Concern. Borrower andBorrower, for purposes of this Section 3.25, together with its "affiliates" ---------------------- (as that term is defined in Title 13, Code of Federal Regulations, § (S) 121.103), is a "small business concern" within the meaning of the Small Business Investment ActAct of 1958, as amended, and the regulations promulgated thereunder. The information set forth in SBA the Small Business Administration Forms 480, 652 and Parts Part A and B of Form 1031 regarding the Credit Parties willBorrower upon delivery, upon delivery pursuant to Article V Section 4.1 hereof, will be accurate and completecomplete in all material respects. The Credit Parties do Borrower does not presently engage in in, and it will not use hereafter engage in, any activities which, and Borrower will not, directly or indirectly, use the proceeds from the Loans Loan for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations § 107.720(S)107.720.

Appears in 1 contract

Samples: Loan Agreement (Radiant Systems Inc)

Small Business Concern. Borrower andThe Borrower, for purposes of this Section 3.25, together with its “affiliates” (as that term is defined in Title 13, Code of Federal Regulations, § 121.103), is a “small business concern” within the meaning of the Small Business Investment ActAct of 1958, as amended, and the regulations promulgated thereunder. The information set forth in SBA Small Business Administration Forms 480, 652 and Parts A and B of Form 1031 regarding the Credit Parties Company will, upon delivery pursuant to Article V Section 5.8 (SBA Matters) hereof, be accurate and complete. The Credit Parties do Borrower does not presently engage in in, and will not hereafter engage in, any activities, and the Borrower will not use directly or indirectly, the proceeds from the Loans Loans, for any purpose for which a Small Business Investment Company is prohibited from providing using funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations § 107.720.

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (BG Staffing, Inc.)

Small Business Concern. Borrower andBorrower, for purposes of this Section 3.25, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, § 121.103ss. 121.401), is a "small business concern" within the meaning of the Small Business Investment ActAct of 1958, as amended, and the regulations promulgated thereunder. The information set forth in SBA the Small Business Administration Forms 480, 652 and Parts Part A and B of Form 1031 regarding the Credit Parties willBorrower upon delivery, upon delivery pursuant to Article V Section 4.1 hereof, will be accurate and complete. The Credit Parties do Borrower does not presently engage in in, and it will not hereafter engage in, any activities, and Borrower will not use directly or indirectly, the proceeds from the Loans Loan, for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations § 107.720ss.107.901.

Appears in 1 contract

Samples: Loan Agreement (Horizon Medical Products Inc)

Small Business Concern. Borrower andBorrower, for purposes of this Section 3.25, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, § 121.103), is a "small business concern" within the meaning of the Small Business Investment ActAct of 1958, as amended, and the regulations promulgated thereunder. The information set forth in SBA the Small Business Administration Forms 480, 652 and Parts A and B of Form 1031 regarding the Credit Parties willBorrower upon delivery, upon delivery pursuant to Article V Section 4.1 hereof, will be accurate and complete. The Credit Parties do Borrower does not presently engage in in, and it will not hereafter engage in, any activities, and Borrower will not use directly or indirectly, the proceeds from the Loans Loan, for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations § 107.720.

Appears in 1 contract

Samples: Loan Agreement (Metrisa Inc)

Small Business Concern. Borrower andBorrower, for purposes of this Section 3.25, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, § 121.103), is a small "business concern" within the meaning of the Small Business Investment ActAct of 1958, as amended, and the regulations promulgated thereunder. The information set forth in SBA the Small Business Administration Forms 480, 652 and Parts Part A and B of Form 1031 regarding the Credit Parties willBorrower upon delivery, upon delivery pursuant to Article V Section 4.1 hereof, will be accurate and complete. The Credit Parties do Borrower does not presently engage in in, and it will not use hereafter engage in, any activities which, and Borrower will not, directly or indirectly, use the proceeds from the Loans Loan for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations § §107.720.

Appears in 1 contract

Samples: Loan Agreement (Data National Corp)

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Small Business Concern. Borrower andBorrower, for purposes of this Section 3.25, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, § ss. 121.103), is a "small business concern" within the meaning of the Small Business Investment ActAct of 1958, as amended, and the regulations promulgated thereunder. The information set forth in SBA the Small Business Administration Forms 480, 652 and Parts A and B of Form 1031 regarding the Credit Parties willBorrower upon delivery, upon delivery pursuant to Article V Section 4.1 hereof, will be accurate and complete. The Credit Parties do Borrower does not presently engage in in, and it will not hereafter engage in, any activities, and Borrower will not use directly or indirectly, the proceeds from the Loans Loan, for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations § 107.720ss.107.720.

Appears in 1 contract

Samples: Loan Agreement (American Consolidated Laboratories Inc)

Small Business Concern. Borrower andBorrowers, for purposes of this Section 3.25, its “together with their "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, § ss. 121.103), is are a "small business concern" within the meaning of the Small Business Investment ActAct of 1958, as amended, and the regulations promulgated thereunder. The information set forth in SBA the Small Business Administration Forms 480, 652 and Parts A and B of Form 1031 regarding the Credit Parties willBorrowers upon delivery, upon delivery pursuant to Article V Section 4.1 hereof, will be accurate and complete. The Credit Parties Borrowers do not presently engage in in, and will not hereafter engage in, any activities, and Borrowers will not use directly or indirectly, the proceeds from the Loans Loan, for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations § Section 107.720.

Appears in 1 contract

Samples: Loan Agreement (Compass Plastics & Technologies Inc)

Small Business Concern. Borrower andBorrower, for purposes of this Section 3.25, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, § Section 121.103), is a "small business concern" within the meaning of the Small Business Investment ActAct of 1958, as amended, and the regulations promulgated thereunder. The information set forth in SBA the Small Business Administration Forms 480, 652 and Parts A and B of Form 1031 regarding the Credit Parties willBorrower upon delivery, upon delivery pursuant to Article V Section 4.1 hereof, will be accurate and complete. The Credit Parties do Borrower does not presently engage in in, and during the term of this Agreement it will not hereafter engage in, any activities, and Borrower will not use directly or indirectly, the proceeds from the Loans Loan, for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations § Section 107.720.

Appears in 1 contract

Samples: Loan and Security Agreement (Ipayment Inc)

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