U.S. Real Property Holding Corporation. The Company is not and has not been a United States real property holding corporation within the meaning of Code Section 897(c)(2) during the applicable period specified in Code Section 897(c)(1)(A)(ii).
Appears in 2 contracts
Samples: Stock Purchase Agreement (Sm&A), Stock Purchase Agreement (Sm&A)
U.S. Real Property Holding Corporation. The Company is not and has not been a United States real property holding corporation within the meaning of Code Section 897(c)(2) of the Code during the applicable period specified in Code Section 897(c)(1)(A)(ii)) of the Code.
Appears in 2 contracts
Samples: Merger Agreement (Priority Technology Holdings, Inc.), Merger Agreement (Priority Technology Holdings, Inc.)
U.S. Real Property Holding Corporation. The Company is not not, and has not been been, a “United States real property holding corporation corporation” within the meaning of Code Section 897(c)(2) of the Code during the applicable period specified in Code Section 897(c)(1)(A)(ii)) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Electro Rent Corp), Merger Agreement (Electro Rent Corp)
U.S. Real Property Holding Corporation. The Company is not and not, nor has not been the Company ever been, a United States real property holding corporation within the meaning of Code Section 897(c)(2) ), during the applicable period specified in Code Section 897(c)(1)(A)(ii).
Appears in 2 contracts
Samples: Stock Exchange Agreement (Invitae Corp), Stock Purchase Agreement (Invitae Corp)
U.S. Real Property Holding Corporation. The Company is not and has not been a United States real property holding corporation corporation, within the meaning of Code Section 897(c)(2) ), during the applicable period specified in Code Section 897(c)(1)(A)(ii).
Appears in 2 contracts
Samples: Merger Agreement (Cubist Pharmaceuticals Inc), Merger Agreement (Cytyc Corp)
U.S. Real Property Holding Corporation. The Company is not now -------------------------------------- and has not never been a "United States real property holding corporation within the meaning of Code Real Property Holding Corporation" as defined in Section 897(c)(2) during of the applicable period specified in Code and Section 897(c)(1)(A)(ii)1.897-2(b) of the Regulations promulgated by the Internal Revenue Service.
Appears in 1 contract
Samples: Series a Convertible Preferred Stock Purchase Agreement (C-Bridge Internet Solutions Inc)
U.S. Real Property Holding Corporation. The Company is not and has not been a “United States real property holding corporation corporation” within the meaning of Code Section 897(c)(2) of the Code during the applicable period specified in Code Section 897(c)(1)(A)(ii).
Appears in 1 contract
Samples: Securities Purchase Agreement (Oncure Medical Corp)
U.S. Real Property Holding Corporation. The Company is not and has not been during the applicable period provided in Section 897(c) of the Internal Revenue Code of 1986, as amended (the “Code”) a United States U.S. real property holding corporation within the meaning of Code Section 897(c)(2) during 897 of the applicable period specified in Code Section 897(c)(1)(A)(ii)Code, and the Company shall so certify upon the Representative’s request.
Appears in 1 contract
Samples: Underwriting Agreement (CardieX LTD)
U.S. Real Property Holding Corporation. The Company is not and has not been a United States real property holding corporation corporation, within the meaning of Code Section 897(c)(2) during of the applicable period specified in Code Section 897(c)(1)(A)(ii)Code.
Appears in 1 contract
Samples: Merger Agreement (Acme Packet Inc)
U.S. Real Property Holding Corporation. The Company is will not and has not been be a "United States real property holding corporation within the meaning of Code corporation", as defined in Section 897(c)(2) during of the applicable period specified in Code and Section 897(c)(1)(A)(ii)1.897-2(b) of the Regulations promulgated by the Internal Revenue Service and upon written request, will provide to any holder of Preferred Stock a statement to the effect informing such holder whether such interest constitutes a U.S. real property interest.
Appears in 1 contract
U.S. Real Property Holding Corporation. The Company is not and has not never been a United States real property holding corporation within the meaning of Code as defined in Section 897(c)(2) of the Code during the applicable period specified in Code Section 897(c)(1)(A)(ii)) of the Code.
Appears in 1 contract
Samples: Merger Agreement (Unify Corp)
U.S. Real Property Holding Corporation. The Company is not and has not been a United States real property holding corporation corporation, within the meaning of Code Section 897(c)(2) during the applicable period specified in Code Section 897(c)(1)(A)(ii).
Appears in 1 contract
Samples: Merger Agreement (Uluru Inc.)
U.S. Real Property Holding Corporation. The Company is not now -------------------------------------- and has not never been a United States real property holding corporation within the meaning of Code corporation," as defined in Section 897(c)(2) during of the applicable period specified in Code and Section 897(c)(1)(A)(ii)1.897-2(b) of the Regulations promulgated by the U.S. Internal Revenue Service.
Appears in 1 contract
Samples: Series G Convertible Preferred Stock Purchase Agreement (Unifi Communications Inc)
U.S. Real Property Holding Corporation. The Company is not not, and has not been in the period specified in Section 897(c)(1)(A)(ii) of the Code, a “United States real property holding corporation within the meaning of Code corporation” as defined in Section 897(c)(2) during of the applicable period specified in Code Section 897(c)(1)(A)(ii)Code.
Appears in 1 contract
