Common use of Tax Status of Borrower Clause in Contracts

Tax Status of Borrower. Borrower is currently treated as a corporation for U.S. federal income tax purposes. Borrower shall not take any affirmative action (including not making any election under Section 301.7701-3(c) of the Treasury Regulations (or any successor provision) by way of filing an IRS Form 8832) to change its U.S. entity tax classification without the prior written consent of the Required Lenders.

Appears in 4 contracts

Samples: Loan Agreement (Coherus BioSciences, Inc.), Loan Agreement (Collegium Pharmaceutical, Inc), Loan Agreement (Evolus, Inc.)

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Tax Status of Borrower. Borrower is currently treated as a corporation for U.S. federal income tax purposes. Borrower shall not take provide the Required Lenders with a prior written notice before taking any affirmative action (including not making any election under Section 301.7701-3(c) of the Treasury Regulations (or any successor provision) by way of filing an IRS Form 8832) to change its U.S. entity tax classification without the prior written consent of the Required Lendersclassification.

Appears in 1 contract

Samples: Loan Agreement (Reata Pharmaceuticals Inc)

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Tax Status of Borrower. Borrower is currently treated as a corporation for U.S. federal income tax purposes. Borrower shall not take any affirmative action (including not making any election under Treasury Regulations Section 301.7701-3(c) of the Treasury Regulations (or any successor provision) by way of filing an IRS Form 8832) to change its U.S. entity tax classification without the prior written consent of the Required Lenders.

Appears in 1 contract

Samples: Loan Agreement (INSMED Inc)

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