Small Business Investment Act. At the request of any Holder, the Company will, and each Shareholder will use his/her/its best efforts to, promptly correct any defect, error or omission with respect to the Act that may be discovered in the contents of this Agreement or the documents executed in connection herewith or in the execution or acknowledgment thereof, and will execute, acknowledge and deliver such further instruments and do such further acts as may be necessary for this Agreement and such other documents, and all transactions contemplated thereby, to comply with the Act.
Small Business Investment Act. This Agreement, the other purchase documents executed in connection herewith, and all transactions contemplated hereby and thereby are subject to the provisions of the Act, and shall be governed thereby to the extent of any conflict therewith.
Small Business Investment Act. As of (i) the Closing Date, the information provided by Borrower on SBA Forms 480 and 652, and (ii) the date of delivery thereof, the information provided by Borrower on SBA Form 1031, in each case, delivered in connection herewith, is true and correct. As of the Closing Date, Borrower’s primary business activity does not involve, directly or indirectly, providing funds to others, the purchase or discounting of debt obligations, factoring or long-term leasing of equipment with no provision for maintenance or repair, and Borrower is not classified under Major Group 65 (Real Estate) or Industry No. 1531 (Operative Builders) of the SIC Manual. During the one year period following the Closing Date, not more than 49% of Borrower’s employees or tangible assets are located outside of the United States.
Small Business Investment Act. Borrower will provide to each SBIC Lender (upon reasonable notice and during normal business hours) and the U.S. Small Business Administration access to Borrower’s books and records for the purpose of confirming that Borrower is in regulatory compliance with the SBIC Act and related regulations. For a period of one year following the date hereof, Borrower will not change its business activity if such change would cause it to have more than 49% of its tangible assets or employees located outside of the United States. Borrower will at all times comply with the non-discrimination requirements of Parts 112, 113 and 117 of Title 13 of the United States Code of Federal Regulations. Not more than once per year, upon the request of a SBIC Lender, Borrower promptly (and in any event within twenty (20) days of such request) will provide to such SBIC Lender an assessment, in form and substance satisfactory to such SBIC Lender, of the economic impact of the portion of the Loans provided by such SBIC Lender, specifying the full-time equivalent jobs created or retained, the impact of the portion of the Loans provided by such SBIC Lender on Borrower’s business, in terms of expanded revenue and profits, and on taxes paid by the business and its employees. Upon the request of a SBIC Lender, Borrower promptly (and in any event within twenty (20) days of such request) will furnish to such SBIC Lender all information requested.
Small Business Investment Act. The Company, together with its "affiliates" (as that term is defined in Section 121.103 of Title 13 of the Code of Federal Regulations (the "Federal Regulations")), is a "small business concern" within the meaning of the Small Business Investment Act of 1958, as amended (the "Small Business Act"), and the regulations thereunder, including Section 121.301 of Title 13 of the Federal Regulations (a "Small Business Concern"). The information delivered to Bank of America Ventures on SBA Forms 480, 652 and 1031 delivered in connection herewith is true and correct. The Company acknowledges that Bank of America Ventures is a Federal licensee under the Small Business Investment Act of 1958, as amended.
Small Business Investment Act. (a) The Company, together with its "affiliates" (as that term is defined in Title 13 of the United States Code of Federal Regulations) is a "Small Business" within the meaning of the Small Business Investment Act of 1958, as amended (the "Small Business Investment Act"), and the regulations promulgated thereunder (including Parts 107 and 121 of Title 13 of the United States Code of Federal Regulations). The information provided by the Company on SBA Forms 480, 652 and 1031 delivered in connection herewith is true and correct.
(b) The proceeds of the transactions contemplated by this Agreement will be used by the Successor solely to fund working capital and for general corporate purposes. No portion of such proceeds (i) will be used to purchase stock in, provide capital to or repay any indebtedness incurred for the purpose of investing in a company licensed under the Small Business Investment Act, (ii) will be used to acquire realty or to discharge an obligation relating to the prior acquisition of realty, (iii) will be used outside the United States (except to acquire abroad materials and equipment or property rights for use or sale in the United States), or (iv) will be used for any purpose contrary to the public interest (including but not limited to activities which are in violation of law) or inconsistent with free competitive enterprise, in each case, within the meaning of ss. 107.720 of Title 13 of the United States Code of Federal Regulations.
(c) Neither the Company's, the Successor's nor any Subsidiary's primary business activity involves, directly or indirectly, providing funds to others, the purchase or discounting of debt obligations, factoring or long-term leasing of equipment with no provision for maintenance or repair, and neither the Company, the Successor or any Subsidiary is classified under Major Group 65 (Real Estate) or Industry No. 1531 (Operative Builders) of the SIC Manual. None of the Company's, the Successor's nor any Subsidiary's employees or tangible assets are located outside of the United States.
Small Business Investment Act. (a) The Company and the Successor will provide to XX Xxxxxx Investment Corporation ("JPMIC") (upon reasonable notice and during normal business hours) and the U.S. Small Business Administration access to the Company's or the Successor's books and records for the purpose of confirming the use of the proceeds of the transactions contemplated by this Agreement and for all other purposes required by the U.S. Small Business Administration. Upon the request of JPMIC, the Successor will promptly provide to JPMIC and the U.S. Small Business Administration a certificate of the chief financial officer (or other executive officer) of the Successor verifying the use of such proceeds and certifying compliance by the Successor with the provisions of Section 3.30 of this Agreement.
(b) Upon the reasonable request of JPMIC, the Company and the Successor promptly (and in any event within twenty (20) days of such request) will use commercially reasonable efforts to provide to JPMIC all information reasonably requested by JPMIC in order for JPMIC to prepare and file SBA Form 468.
(c) For a period of one year following the date hereof, neither the Company nor the Successor will change its business activity if such change would result in (i) its primary business activity being, directly or indirectly, providing funds to others, the purchase or discounting of debt obligations, factoring or long-term leasing of equipment with no provision for maintenance or repair, (ii) it being classified under Major Group 65 (Real Estate) or Industry No. 1531 (Operative Builders) of the SIC Manual, or (iii) a majority of its tangible assets or employees being located outside of the United States.
(d) The Company and the Successor promptly will provide to JPMIC such financial statements and other information as JPMIC may from time to time reasonably request for the purpose of assessing the financial condition of the Company or the Successor, as applicable, and complying with any requirements of any governmental agency asserting jurisdiction over JPMIC.
Small Business Investment Act. Pursuant to TD Capital's obligation as an SBIC, within sixty (60) days from the date hereof, the Company shall deliver to TD Capital a written statement certified by the Company's president or chief financial officer describing in reasonable detail the use of the proceeds of the Financing (as that term is defined in Title 13 of the United States Code of Federal Regulations, Section 107.50) hereunder by the Company and its subsidiaries. The Company will provide any information reasonably requested by TD Capital which is requested by any SBA examiner for the purpose of verifying the certifications made by the Company, and allow representatives of TD Capital or the SBA access to its books and records to permit such verification; provided that such information is kept confidential. Upon the occurrence of a Regulatory Violation or in the event that TD Capital determines in its reasonable good faith judgment that a Regulatory Violation has occurred, in addition to any other rights and remedies to which it may be entitled as a holder of Shares, TD Capital shall have the right, to the extent required under the provisions of the SBA, to demand the immediate repurchase of all of the outstanding Shares owned by TD Capital at a price per share equal to the purchase price paid for such Shares under the Purchase Agreement, plus all declared and unpaid dividends thereon, by delivering written notice of such demand to the Company. The Company shall pay the purchase price for such Shares by a cashier's certified check or by wire transfer of immediately available funds to TD Capital within thirty (30) days after the Company's receipt of the demand notice, and upon such payment, TD Capital shall deliver the certificates or instruments evidencing the Shares to be repurchased, duly endorsed for transfer or accompanied by duly executed forms of assignment.
Small Business Investment Act. As of (i) the Closing Date, the information provided by the Loan Parties on SBA Forms 480 and 652, and (ii) the date of delivery thereof, the information provided by the Loan Parties on SBA Form 1031, in each case, delivered in connection herewith, is true and correct to the best of Borrower’s knowledge.
Small Business Investment Act. 6.16 Confidentiality.......................................... ANNEX A Form of Shareholder Agreement ANNEX B-1 Form of Warrant A ANNEX B-2 Form of Warrant B ANNEX B-3 Form of Warrant C SCHEDULE 3.01(a) SCHEDULE 3.01(d) WARRANT PURCHASE AGREEMENT WARRANT PURCHASE AGREEMENT (the "Agreement") made as of March 31,1999, by and between VALUESTAR CORPORATION, a Colorado corporation, (the "Company"), Jim Xxxxx, Xxmex X. Xxxxxx xxx Jerrx X. Xxxxx (xxdividually and collectively, the "Shareholder"), and SEACOAST CAPITAL PARTNERS LIMITED PARTNERSHIP, a Delaware limited partnership ("Seacoast") PACIFIC MEZZANINE FUND, L.P. a California limited partnership, ("Pacific") and TANGENT GROWTH FUND, L.P., a California limited partnership ("Tangent"), (individually and collectively, "Purchaser").
