U.S. Real Property Holding Corporation. The Company (including its predecessors) and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, a U.S. real property holding corporation within the meaning of Section 897 of the Code.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Armata Pharmaceuticals, Inc.), Securities Purchase Agreement (Entasis Therapeutics Holdings Inc.), Securities Purchase Agreement (Armata Pharmaceuticals, Inc.)
U.S. Real Property Holding Corporation. The Company (including its predecessors) is not and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, never been a U.S. real property holding corporation within the meaning of Section 897 of the CodeInternal Revenue Code of 1986, as amended, and the Company shall so certify upon Underwriter’s request.
Appears in 3 contracts
Samples: Underwriting Agreement (Advaxis, Inc.), Underwriting Agreement (Foresight Autonomous Holdings Ltd.), Underwriting Agreement (AIM ImmunoTech Inc.)
U.S. Real Property Holding Corporation. The Company (including its predecessors) is not now and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, never been a U.S. "United States real property holding corporation within the meaning of corporation," as defined in Section 897 897(c)(2) of the CodeCode and Section 1.897-2(b) of the Regulations promulgated by the Internal Revenue Service, and the Company has filed with the Internal Revenue Service all statements, if any, with its United States income tax returns that are required under Section 1.897-2(h) of such Regulations.
Appears in 3 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Careerbuilder Inc), Class F Convertible Preferred Stock Purchase Agreement (Careerbuilder Inc), Convertible Preferred Stock Purchase Agreement (Careerbuilder Inc)
U.S. Real Property Holding Corporation. The Each Company (including its predecessors) is not now and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, never been a U.S. "United States real property holding corporation within corporation," as defined in the meaning Internal Revenue Code of Section 897 of the Code1986, as amended.
Appears in 2 contracts
Samples: Securities Purchase Agreement (General Devices Inc), Securities Purchase Agreement (General Devices Inc)
U.S. Real Property Holding Corporation. The Company (including its predecessors) is not now and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, never been a U.S. "United States real property holding corporation within the meaning of corporation," as defined in Section 897 897(c)(2) of the CodeCode and Section 1.897-2(b) of the Treasury Regulations and the Company has filed with the Internal Revenue Service all statements, if any, with its United States income tax returns which are required under Section 1.897-2(h) of such Regulations.
Appears in 2 contracts
Samples: Series a Convertible Preferred Stock Agreement (Axa U S Growth Fund LLC), Series a Convertible Preferred Stock Agreement (Venture Capital Fund of New England Iii Lp)
U.S. Real Property Holding Corporation. The Company (including its predecessors) is not now and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, never been a U.S. "United States real property holding corporation within the meaning of corporation", as defined in Section 897 897(c)(2) of the CodeCode and Section 1.897-2(b) of the Regulations promulgated by the Internal Revenues Service, and the Company has filed with the Internal Revenue Service all statements, if any, with its United States income tax returns which are required under Section 1.897-2(h) of such Regulations.
Appears in 2 contracts
Samples: Series a Convertible Preferred Stock Purchase Agreement (Starmedia Network Inc), Series B Convertible Preferred Stock Purchase Agreement (Starmedia Network Inc)
U.S. Real Property Holding Corporation. The Company (including its predecessors) and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the PurchaserPurchasers, shall not become, a U.S. real property holding corporation within the meaning of Section 897 of the Code.
Appears in 1 contract
Samples: Securities Purchase Agreement (Armata Pharmaceuticals, Inc.)
U.S. Real Property Holding Corporation. The Company (including its predecessors) and all Subsidiaries thereof is not, nor has not it ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, a U.S. real property holding corporation within the meaning of Section 897 of the CodeInternal Revenue Code of 1986, as amended.
Appears in 1 contract
Samples: Securities Purchase Agreement (Euronet Worldwide Inc)
