Common use of FIRPTA Clause in Contracts

FIRPTA. Neither the Company, nor any of its Subsidiaries, is a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder and neither the Company nor any of its Subsidiaries shall at any time take any action or otherwise acquire any interest in any asset or property to the extent the effect of which shall cause the Company and/or such Subsidiary, as the case may be, to be a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder.

Appears in 14 contracts

Samples: Note Purchase Agreement (GreenHunter Resources, Inc.), Securities Purchase Agreement (New Century Energy Corp.), Securities Purchase Agreement (Pervasip Corp)

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FIRPTA. Neither the Companyit, nor any of its Subsidiaries, is a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder and neither the Company nor any it and each of its Subsidiaries shall at any no time take any action or otherwise acquire any interest in any asset or property to the extent the effect of which shall cause the Company it and/or such Subsidiary, as the case may be, to be a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder.

Appears in 8 contracts

Samples: Security and Purchase Agreement (Jagged Peak, Inc.), Security Agreement (Spacedev Inc), Security Agreement (Kitty Hawk Inc)

FIRPTA. Neither the Companyit, nor any of its Subsidiaries, is a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder thereunder, and neither the Company nor any it and each of its Subsidiaries shall at any no time take any action or otherwise acquire any interest in any asset or property to the extent the effect of which shall cause the Company it and/or such Subsidiary, as the case may be, to be a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder.

Appears in 5 contracts

Samples: Term Loan and Security Agreement (Accentia Biopharmaceuticals Inc), Security Agreement (Sten Corp), Security Agreement (ProLink Holdings Corp.)

FIRPTA. Neither the No Company, nor any of its Subsidiaries, is a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder and neither the no Company nor any of its Subsidiaries shall at any time take any action or otherwise acquire any interest in any asset or property to the extent the effect of which shall cause the such Company and/or such Subsidiary, as the case may be, to be a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder.

Appears in 2 contracts

Samples: Note Purchase Agreement (usell.com, Inc.), Note Purchase Agreement (usell.com, Inc.)

FIRPTA. Neither the Parent, any Company, nor any of its their Subsidiaries, is a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder and neither the Company nor any it and each of its Subsidiaries shall at any no time take any action or otherwise acquire any interest in any asset or property to the extent the effect of which shall cause the Company it and/or such Subsidiary, as the case may be, to be a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder.

Appears in 1 contract

Samples: Security Agreement (Elandia International Inc.)

FIRPTA. Neither the Company, nor No Company or any of its Subsidiaries, is a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder and neither the no Company nor or any of its Subsidiaries shall at any time take any action or otherwise acquire any interest in any asset or property to the extent the effect of which shall cause the such Company and/or such Subsidiary, as the case may be, to be a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder.

Appears in 1 contract

Samples: Securities Purchase Agreement (True North Energy CORP)

FIRPTA. Neither the Companyit, nor any of its Subsidiaries, is a "United States real property holding corporation" as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder and neither the Company nor any it and each of its Subsidiaries shall at any no time take any action or otherwise acquire any interest in any asset or property to the extent the effect of which shall cause the Company it and/or such Subsidiary, as the case may be, to be a "United States real property holding corporation" as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder.

Appears in 1 contract

Samples: Security Agreement (American Mold Guard Inc)

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FIRPTA. Neither the Company, nor any of its Subsidiaries, is a "United States real property holding corporation" as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder and neither the Company nor any of its Subsidiaries shall at any time take any action or otherwise acquire any interest in any asset or property to the extent the effect of which shall cause the Company and/or such Subsidiary, as the case may be, to be a "United States real property holding corporation" as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder.

Appears in 1 contract

Samples: Securities Purchase Agreement (Retail Pro, Inc.)

FIRPTA. Neither the Companyit, nor any of its Subsidiaries, is a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder and neither the Company nor any it and each of its Subsidiaries shall at any no time take any action or otherwise acquire any interest in any asset or property to the extent the effect of for which shall cause the Company it and/or such Subsidiary, as the case may be, to be a “United States real property holding corporation” as such term is defined in Section 897(c)(2897(e)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder.

Appears in 1 contract

Samples: Security Agreement (Verso Technologies Inc)

FIRPTA. Neither the Company, nor any of its their Subsidiaries, is a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder and neither the Company nor any of its their Subsidiaries shall at any time take any action or otherwise acquire any interest in any asset or property to the extent the effect of which shall cause the such Company and/or such Subsidiary, as the case may be, to be a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Code and Treasury Regulation Section 1.897-2 promulgated thereunder.

Appears in 1 contract

Samples: Securities Purchase Agreement (Applied Digital Solutions Inc)

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