Small Business Matters. Neither the Company nor any Subsidiary: ---------------------- (a) presently engages in, and none of them shall hereafter engage in, any activities, or (b) shall use directly or indirectly the proceeds from the sale of the Securities for any purpose, which, in either case, a SBIC is prohibited from engaging in or providing funds for by the SBIC Act and the regulations thereunder (including Title 13, Code of Federal Regulations, Section 107.720).
Small Business Matters. (a) The Company, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, (0)121.103), is a "small business concern" within the meaning of the Small Business Investment Act of 1958, as amended ("SBIA"), and the regulations thereunder, including Title 13, Code of Federal Regulations, (0)121.301(c). The information set forth in the Small Business Administration Forms 480, 652 and Part A of Form 1031 regarding the Company and its affiliates, when delivered to Lender, will be accurate and complete and will be in form and substance acceptable to Lender. Copies of such forms shall be completed and executed by the Company and delivered to Lender at the closing of the sale of the Securities under the Purchase Agreements (the "Closing").
Small Business Matters. The Company, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, Section 121.103), is a "Small Business" within the meaning of the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations, Sections 107.50, 107.700 and 121.301(c) (the "SBIC Act"). The information regarding the Company and its affiliates set forth in the Small Business Administration Form 355, Form 652 and Parts A and B of Form 1031 to be delivered at the Closing is or will be accurate and complete. Copies of such forms shall have been completed and executed by the Company and delivered to the Investor at the Closing together with a written statement of the Company regarding its planned use of the proceeds from the sale of the Preferred Stock and the Warrant. The Company: (i) does not presently engage in, and shall not hereafter engage in, any activities, or (ii) shall not use directly or indirectly the proceeds from the sale of the Preferred Stock or the Warrant for any purpose, which in either case, a SBIC is prohibited from engaging in or providing funds for by the SBIC Act and the regulations thereunder (including Title 13, Code of Federal Regulations, Section 107.720).
Small Business Matters. 38 12.1 Generally: Certain SBIC Covenants......................... 38 12.2
Small Business Matters. 5.16.1 The Credit Parties acknowledge that St. Cloud is a federally licensed SBIC under the SBIC Act. Borrower, together with its “affiliates” (as that term is defined in 13 C.F.R. Section 121.103), is a “small business concern” within the meaning of the SBIC Regulations, including 13 C.F.R. Section 121.103. After giving effect to the transactions contemplated by the Loan Documents, the Credit Parties will have 500 or fewer full-time equivalent employees. The information regarding Borrower and its affiliates set forth in the SBA forms Nos. 480, 652 and 1031 delivered at the Closing is accurate and complete. Copies of such forms have been completed and executed by Borrower and delivered to St. Cloud at the Closing together with a written statement of Borrower regarding its planned use of the proceeds from the transactions contemplated by the Loan Documents. No Credit Party presently engages in, and no Credit Party shall hereafter engage in, any activities, nor shall any Credit Party use directly or indirectly the proceeds of the transactions contemplated by the Loan Documents for any purpose, for which an SBIC is prohibited from providing funds by the SBIC Regulations (including 13 C.F.R. Section 107.720).
Small Business Matters. (a) Borrower, together with Borrower’s Affiliates, is a “small business concern” within the meaning of the Small Business Investment Act of 1958, as amended (“SBIA”), and the regulations thereunder, including Title 13, Code of Federal Regulations. § 121.30l(c) because, as of the date hereof, it either: Check One
Small Business Matters. The Company, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, ss.121.101), is a "small business concern" within the meaning of the Small Business Investment Act of 1958 and the regulations thereunder, including Title 13, Code of Federal Regulations, ss.121.201. The information regarding the Company and its affiliates set forth in SBA Form 480, Form 652 and Part A of Form 1031 delivered at the Closing is accurate and complete. Copies of such forms shall have been completed and executed by the Company and delivered to those Purchasers that so request at the Closing. The Company does not engage in any activities for which a "small business investment company" is prohibited from providing funds by the Small Business Investment Act of 1958 and the regulations thereunder (including Title 13, Code of Federal Regulations, ss.107.720).
Small Business Matters. The Company, together with its "affiliates" (as that term is defined in Section 121.401 of the SBIC Regulations), is a "small business concern" within the meaning of the SBIC Act and SBIC Regulations, including Section 121.802 of the SBIC Regulations. The information regarding the Company and its affiliates set forth in the Small Business Administration Form 480, Form 652 and Part A of Form 1031 delivered at the Closing is accurate and complete. Copies of such forms shall have been completed and executed by the Company and delivered to each Purchaser that is an SBIC at the Closing together with a written statement of the Company regarding its planned use of the proceeds from the sale of the Notes, the Series A Preferred and the Warrants. Neither the Company nor any Subsidiary presently engages in, and it shall not hereafter engage in, any activities, nor shall the Company or any Subsidiary use directly or indirectly the proceeds from the sale of the Notes, the Series A Preferred and the Warrants hereunder for any purpose, for which a SBIC is prohibited from providing funds by the SBIC Act and the SBIC Regulations (including Section 107.804 and Section 107.901 of the SBIC Regulations).
Small Business Matters. The Corporation is a "small business concern" within the meaning of the Small Business Investment Act of 1958 and the regulations thereunder (the "SBIC Act"), including Title 13, Code of Federal Regulations, ss. 121.301. The information set forth in the Small Business Administration Forms 480, 652 and Sections A and B of Form 1031, which have been delivered on or prior to the date hereof to the Investor regarding the Corporation is accurate and complete. The Corporation does not presently engage in, and it shall not hereafter engage in, any activities, nor shall the Corporation use directly or indirectly the proceeds from the sale of the Securities for any purpose for which a Small Business Investment Corporation is prohibited from providing funds by the SBIC Act, including Title 13, Code of Federal Regulations, ss. 107.720. The Corporation acknowledges that it has been declared by the Investor that the Investor is a federal licensee under the SBIC Act.
Small Business Matters. The Company acknowledges that ABN AMRO Private Equity is a federally licensed Small Business Investment Company (an "SBIC HOLDER") under
