Common use of Small Business Concern Clause in Contracts

Small Business Concern. The Company represents and warrants that it, taken together with its "affiliates" (as that term is defined in 13 C.F.R. ss.121.103), is a "Small Business Concern" within the meaning of 15 U.S.C. ss.662(5), that is Section 103(5) of the Small Business Investment Act of 1958, as amended (the "SBIC Act"), and the regulations thereunder, including 13 C.F.R. ss.107, and meets the applicable size eligibility criteria set forth in 13 C.F.R. ss.121.301(c)(1) or the industry standard covering the industry in which the Company is primarily engaged as set forth in 13 C.F.R. ss.121.301(c)(2). Neither the Company nor any of its Subsidiaries presently engages in any activities for which a small business investment company is prohibited from providing funds by the SBIC Act, including 13 C.F.R. ss.107.

Small Business Concern. The Company represents and warrants that it, taken together with its "affiliates" (as that term is defined in 13 C.F.R. ss.121.103S121.103), is a "Small Business Concern" within the meaning of 15 U.S.C. ss.662(5S662(5), that is Section 103(5) of the Small Business Investment Act of 1958, as amended (the "SBIC Act"), and the regulations thereunder, including 13 C.F.R. ss.107S107, and meets the applicable size eligibility criteria set forth in 13 C.F.R. ss.121.301(c)(1S121.301(c)(1) or the industry standard covering the industry in which the Company is primarily engaged as set forth in 13 C.F.R. ss.121.301(c)(2S121.301(c)(2). Neither the Company nor any of its Subsidiaries presently engages in any activities for which a small business investment company is prohibited from providing funds by the SBIC Act, including 13 C.F.R. ss.107S107.

Small Business Concern. The Company represents and warrants that it, taken together with its "“affiliates" ” (as that term is defined in 13 C.F.R. ss.121.103§121.103), is a "“Small Business Concern" ” within the meaning of 15 U.S.C. ss.662(5§662(5), that is Section 103(5) of the Small Business Investment Act of 1958, as amended (the "“SBIC Act"”), and the regulations thereunder, including 13 C.F.R. ss.107§107, and meets the applicable size eligibility criteria set forth in 13 C.F.R. ss.121.301(c)(1§121.301(c)(1) or the industry standard covering the industry in which the Company is primarily engaged as set forth in 13 C.F.R. ss.121.301(c)(2§121.301(c)(2). Neither the Company nor any of its Subsidiaries presently engages in any activities for which a small business investment company is prohibited from providing funds by the SBIC Act, including 13 C.F.R. ss.107§107.

Small Business Concern. The Company Borrower represents and warrants to the Lender that itthe Borrower, taken together with its "affiliates" (as that term is defined in 13 C.F.R. ss.121.103), is a "Small Business Concern" within the meaning of 15 U.S.C. ss.662(5), that is Section 103(5) of the Small Business Investment Act of 1958, as amended (the "SBIC Act"), and the regulations thereunder, including 13 C.F.R. ss.107, and meets the applicable size eligibility criteria set forth in 13 C.F.R. ss.121.301(c)(1) or the industry standard covering the industry in which the Company Borrower is primarily engaged as set forth in 13 C.F.R. ss.121.301(c)(2). Neither the Company Borrower nor any of its Subsidiaries subsidiaries presently engages in any activities for which a small business investment company is prohibited from providing funds by the SBIC Act, including 13 C.F.R. ss.107.

Small Business Concern. The Company represents and warrants to the SBICs that itthe Company, taken together with its "affiliates" (as that term is defined in 13 C.F.R. ss.121.103), is a "Small Business Concern" within the meaning of 15 U.S.C. ss.662(5), that is Section 103(5) of the Small Business Investment Act of 1958, as amended (the "SBIC Act"), and the regulations thereunder, including 13 C.F.R. ss.107, and meets the applicable size eligibility criteria set forth in 13 C.F.R. ss.121.301(c)(1) or the industry standard covering the industry in which the Company is primarily engaged as set forth in 13 C.F.R. ss.121.301(c)(2). Neither the Company nor any of its Subsidiaries subsidiaries presently engages in any activities for which a small business investment company is prohibited from providing funds by the SBIC Act, including 13 C.F.R. ss.107.

Small Business Concern. The Company represents and warrants that itto ---------------------- the Investors that, as of January 6, 2000, the Company, taken together with its "affiliates" (as that term is defined in 13 C.F.R. ss.121.103Section 121.103), is was a "Small Business Concern" within the meaning of 15 U.S.C. ss.662(5Section 662(5), that is Section 103(5) of the Small Business Investment Act of 1958, as amended (the "SBIC ActSBIA"), and the regulations thereunder, including 13 ---- C.F.R. ss.107Section 107, and meets met the applicable size eligibility criteria set forth in 13 C.F.R. ss.121.301(c)(1Section 121.301(c)(1) or the industry standard covering the industry in which the Company is primarily engaged as set forth in 13 C.F.R. ss.121.301(c)(2Section 121.301(c)(2). Neither the Company nor any of its Subsidiaries presently engages in any activities for which a small business investment company is prohibited from providing funds by the SBIC ActSBIA, including 13 C.F.R. ss.107Section 107.

Small Business Concern. The Company Borrower represents and warrants to the Lender that itthe Borrower, taken together with its "affiliates" (as that term is defined in 13 C.F.R. ss.121.103S121.103), is a "Small Business Concern" within the meaning of 15 U.S.C. ss.662(5S662(5), that is Section 103(5) of the Small Business Investment Act of 1958, as amended (the "SBIC Act"), and the regulations thereunder, including 13 C.F.R. ss.107S107, and meets the applicable size eligibility criteria set forth in 13 C.F.R. ss.121.301(c)(1S121.301(c)(1) or the industry standard covering the industry in which the Company Borrower is primarily engaged as set forth in 13 C.F.R. ss.121.301(c)(2S121.301(c)(2). Neither the Company Borrower nor any of its Subsidiaries subsidiaries presently engages in any activities for which a small business investment company is prohibited from providing funds by the SBIC Act, including 13 C.F.R. ss.107S107.

Small Business Concern. The Company represents and ---------------------- warrants to the Investors that itthe Company, taken together with its "affiliates" (as that term is defined in 13 C.F.R. ss.121.103Section 121.103), is a "Small Business Concern" within the meaning of 15 U.S.C. ss.662(5Section 662(5), that is Section 103(5) of the Small Business Investment Act of 1958, as amended (the "SBIC ActSBIA"), and the ---- regulations thereunder, including 13 C.F.R. ss.107Section 107, and meets the applicable size eligibility criteria set forth in 13 C.F.R. ss.121.301(c)(1Section 121.301(c)(1) or the industry standard covering the industry in which the Company is primarily engaged as set forth in 13 C.F.R. ss.121.301(c)(2Section 121.301(c)(2). Neither the Company nor any of its Subsidiaries presently engages in any activities for which a small business investment company is prohibited from providing funds by the SBIC ActSBIA, including 13 C.F.R. ss.107Section 107.

Small Business Concern. The Company Borrower represents and warrants to the Lender that itthe Borrower, taken together with its "affiliates" (as that term is defined in 13 C.F.R. ss.121.103S121.103), is a "Small Business Concern" within the meaning of 15 U.S.C. ss.662(5S662(5), that is Section 103(5) of the Small Business Investment Act of 1958, as amended (the "SBIC Act"), and the regulations thereunder, including 13 C.F.R. ss.107S107, and meets the applicable size eligibility criteria set forth in 13 C.F.R. ss.121.301(c)(1S121.301(c)(1) or the industry standard covering the industry in which the Company Borrower is primarily engaged as set forth in 13 C.F.R. ss.121.301(c)(2S121.301(c)(2). Neither the Company Borrower nor any of its Subsidiaries subsidiaries presently engages in any activities for which a small business investment company is prohibited from providing funds by the SBIC Act, including 13 C.F.R. ss.107S107.