Small Business Concern. The Corporation, taken together with its “affiliates” (as that term is defined in 13 C.F.R. § 121.103) is a “small business concern” within the meaning of 15 U.S.C. § 662(5), that is § 103(5) of the Small Business Investment Act of 1958, as amended (the “SBIC Act”), and the regulations thereunder, including 13 C.F.R. § 107, and meets applicable size eligibility criteria set forth in 13 C.F.R. § 121.301(c)(1) or the industry standard covering the industry in which the Corporation is primarily engaged as set forth in 13 C.F.R. § 13.301(c)(2). The Corporation does not presently engage in any activities for which a small business investment company is prohibited from providing funds by the SBIC Act and the regulations thereunder, including 13 C.F.R. § 107.]
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Samples: Collaborative Development and License Agreement (Enanta Pharmaceuticals Inc), Collaborative Development & License Agreement, Collaborative Development and License Agreement (Enanta Pharmaceuticals Inc)
Small Business Concern. The CorporationCompany represents and warrants that it, taken together with its “affiliates” (as that term is defined in 13 C.F.R. § §121.103) ), is a “small business concernSmall Business Concern” within the meaning of 15 U.S.C. § §662(5), that is § Section 103(5) of the Small Business Investment Act of 1958, as amended (the “SBIC Act”), and the regulations thereunder, including 13 C.F.R. § §107, and meets the applicable size eligibility criteria set forth in 13 C.F.R. § §121.301(c)(1) or the industry standard covering the industry in which the Corporation Company is primarily engaged as set forth in 13 C.F.R. § 13.301(c)(2§121.301(c)(2). The Corporation does not Neither the Company nor any of its Subsidiaries presently engage engages in any activities for which a small business investment company is prohibited from providing funds by the SBIC Act and the regulations thereunderAct, including 13 C.F.R. § §107.]
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Samples: Securities Purchase Agreement (Uni-Pixel), Securities Purchase Agreement (Zone Mining LTD)
Small Business Concern. The CorporationCompany, taken together with its “"affiliates” " (as that term is defined in 13 C.F.R. § 121.103Section 121.401) is a “"small business concern” " within the meaning of 15 U.S.C. § Section 662(5), that is § Section 103(5) of the Small Business Investment Act of 1958, as amended (the “"SBIC Act”"), and the regulations thereunder, including 13 C.F.R. § 107, Section 107 and meets applicable size eligibility criteria set forth in 13 C.F.R. § 121.301(c)(1Section 12.301(c)(1) or the industry standard covering the industry in which the Corporation Company is primarily engaged as set forth in 13 C.F.R. § 13.301(c)(2Section 12.301(c)(2). The Corporation Company does not presently engage in any activities for which a small business investment company is prohibited from providing funds by the SBIC Act and the regulations thereunder, including 13 C.F.R. § Section 107.]
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Samples: Series J Convertible Preferred Stock Purchase Agreement (Viacell Inc)
Small Business Concern. The CorporationCompany, taken together with its “"affiliates” " (as that term is defined in 13 C.F.R. § 121.103) 121.401), is a “small business concern” "Small Business Concern" within the meaning of 15 U.S.C. § 662(5), that is § Section 103(5) of the Small Business Investment Act of 1958, as amended (the “"SBIC Act”"), and the regulations regulation thereunder, including 13 C.F.R. § 107, and meets the applicable size eligibility criteria set forth in 13 C.F.R. § 121.301(c)(1) or the industry standard covering the industry in which the Corporation Company is primarily engaged as set forth in 13 C.F.R. § 13.301(c)(2121.301(c)(2). The Corporation does not Neither the Company nor any of its subsidiaries presently engage engages in any activities for which a small business investment company is prohibited from providing funds by the SBIC Act and the regulations thereunder, including 13 C.F.R. § 107.]
Appears in 1 contract
Samples: Investment Agreement (Quiznos Corp)