United States Real Property Holding Corporation. The Company is not and has never been a United States real property holding corporation within the meaning of Section 897 of the Internal Revenue Code of 1986, as amended, and the Company shall so certify upon the Representative’s request.
United States Real Property Holding Corporation. Neither the Company nor any Subsidiary is now nor has ever been a "United States Real Property Holding Corporation" as defined in Section 897(c)(2) of the Code and Section 1.897-2(b) of the Regulations promulgated by the Internal Revenue Service.
United States Real Property Holding Corporation. None of the Acquired Corporations has been a United States real property holding corporation within the meaning of Section 897 of the Code during the applicable period specified in Section 897(c)(1)(A)(ii).
United States Real Property Holding Corporation. The Company shall use commercially reasonable efforts, within sixty (60) days after the close of each calendar year, to determine if the Company is, or was at any point during such year, a United States real property holding corporation within the meaning of Section 897 of the Code. If the Company determines that it is or was a United States real property holding corporation pursuant to such determination, or otherwise at any time the Company has actual knowledge that the Company has become a United States real property holding corporation, the Company will promptly notify the Purchaser of the same.
United States Real Property Holding Corporation. The Company will not become at any time in the future a United States Real Property Holding Corporation as such term is defined in Section 897(c)(2) of the Internal Revenue Code of 1986, as amended.
United States Real Property Holding Corporation. The Company is not and has never been a United States real property holding corporation within the meaning of Section 897 of the Internal Revenue Code of 1986, as amended, and the Company shall so certify upon Purchaser’s request at any time. (nn) Bank Holding Company Act. Neither the Company nor any of its Subsidiaries or Affiliates is subject to the Bank Holding Company Act of 1956, as amended (the “BHCA”) and to regulation by the Board of Governors of the Federal Reserve System (the “Federal Reserve”). Neither the Company nor any of its Subsidiaries or Affiliates owns or controls, directly or indirectly, five percent (5%) or more of the outstanding shares of any class of voting securities or twenty-five percent or more of the total equity of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. Neither the Company nor any of its Subsidiaries or Affiliates exercises a controlling influence over the management or policies of a bank or any entity that is subject to the BHCA and to regulation by the Federal Reserve. (oo)
United States Real Property Holding Corporation. 2.9(a)(viii) Unresolved Matters 1.14(b)
United States Real Property Holding Corporation. Neither Prototype nor any of its subsidiaries has been a United States real property holding corporation within the meaning of section 897(c)(2) of the Code since December 31, 1996.
United States Real Property Holding Corporation. Immediately following the Closing: (i) Parent will be a “United States real property holding corporation” within the meaning of Section 897(c)(2) of the Code, and (ii) all shares of Parent Common Stock and Parent Series A Preferred Stock will constitute “United States real property interest” within the meaning of Section 897(c)(1)(A)(ii) of the Code.
United States Real Property Holding Corporation. None of the Company or any of its Subsidiaries is a United States real property holding corporation within the meaning of Section 897(c)(2) of the Code.
