Common use of Small Business Concern Clause in Contracts

Small Business Concern. The Corporation, taken together with its “affiliates” (as that term is defined in 13 C.F.R. § 121.103) is a “small business concern” within the meaning of 15 U.S.C. § 662(5), that is § 103(5) of the Small Business Investment Act of 1958, as amended (the “SBIC Act”), and the regulations thereunder, including 13 C.F.R. § 107, and meets applicable size eligibility criteria set forth in 13 C.F.R. § 121.301(c)(1) or the industry standard covering the industry in which the Corporation is primarily engaged as set forth in 13 C.F.R. § 13.301(c)(2). The Corporation does not presently engage in any activities for which a small business investment company is prohibited from providing funds by the SBIC Act and the regulations thereunder, including 13 C.F.R. § 107.]

Appears in 6 contracts

Samples: Development and License Agreement (Enanta Pharmaceuticals Inc), License Agreement, Collaborative Development and License Agreement (Enanta Pharmaceuticals Inc)

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Small Business Concern. The CorporationCompany, taken together with its "affiliates" (as that term is defined in 13 C.F.R. § 121.103) 121.401), is a “small business concern” "Small Business Concern" within the meaning of 15 U.S.C. § 662(5), that is § Section 103(5) of the Small Business Investment Act of 1958, as amended (the "SBIC Act"), and the regulations regulation thereunder, including 13 C.F.R. § 107, and meets the applicable size eligibility criteria set forth in 13 C.F.R. § 121.301(c)(1) or the industry standard covering the industry in which the Corporation Company is primarily engaged as set forth in 13 C.F.R. § 13.301(c)(2121.301(c)(2). The Corporation does not Neither the Company nor any of its subsidiaries presently engage engages in any activities for which a small business investment company is prohibited from providing funds by the SBIC Act and the regulations thereunder, including 13 C.F.R. § 107.]

Appears in 1 contract

Samples: Investment Agreement (Quiznos Corp)

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Small Business Concern. The CorporationCompany, taken together with its "affiliates" (as that term is defined in 13 C.F.R. § 121.103Section 121.401) is a "small business concern" within the meaning of 15 U.S.C. § Section 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. § 107, Section 107 and meets applicable size eligibility criteria set forth in 13 C.F.R. § 121.301(c)(1Section 12.301(c)(1) or the industry standard covering the industry in which the Corporation Company is primarily engaged as set forth in 13 C.F.R. § 13.301(c)(2Section 12.301(c)(2). The Corporation Company does not presently engage in any activities for which a small business investment company is prohibited from providing funds by the SBIC Act and the regulations thereunder, including 13 C.F.R. § Section 107.]

Appears in 1 contract

Samples: Stock Purchase Agreement (Viacell Inc)

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