Common use of Qualified Small Business Clause in Contracts

Qualified Small Business. The Company represents and warrants to the Purchasers that, to the best of its knowledge, the Shares should qualify as "Qualified Small Business Stock" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "Code") as of the date hereof. The Company will use reasonable efforts to comply with the reporting and record keeping requirements of Section 1202 of the Code, any regulations promulgated thereunder and any similar state laws and regulations, and agrees not to repurchase any stock of the Company if such repurchase would cause such Shares not to so qualify as "Qualified Small Business Stock."

Qualified Small Business. The Company represents and warrants to the Purchasers that, to the best of its knowledge, the Shares Securities should qualify as "Qualified Small Business Stock" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "CodeCODE") as of the date hereof. The Company will use reasonable efforts to comply with the reporting and record keeping requirements of Section 1202 of the Code, any regulations promulgated thereunder and any similar state laws and regulations, and agrees not to repurchase any stock of the Company if such repurchase would cause such Shares not to so qualify as "Qualified Small Business Stock."

Qualified Small Business. The Company represents and warrants to the Purchasers that, to the best of its knowledge, the Shares should qualify as "Qualified Small Business Stock" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "Code") as of the date hereof. The Company will use its commercially ------------------------ reasonable efforts to comply with the reporting and record keeping recordkeeping requirements of Section 1202 of the Internal Revenue Code of 1986 (the "Code"), as amended, any regulations promulgated thereunder and any similar state laws and regulations, and except as provided otherwise herein, in the Series B Agreement, or in the Company's Restated Certificate of Incorporation, the Company agrees not to repurchase any stock of the Company if such repurchase would cause such Shares the Series A Preferred Stock, the Series B Preferred Stock or the Registrable Securities not to so qualify as "Qualified Small Business Stockqualified small business stock" as defined in Section 1202(c) of the Code."

Qualified Small Business. The Company represents and warrants to the Purchasers that, to the best of its knowledge, the Shares should qualify as "Qualified Small Business Stock" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "Code") as of the date hereof. The Company will use its commercially reasonable efforts to comply with the reporting and record keeping recordkeeping requirements of Section 1202 of the Internal Revenue Code of 1986 (the “Code”), as amended, any regulations promulgated thereunder and any similar state laws and regulations, and except as provided otherwise herein, in the Series B Agreement, or in the Company’s Restated Certificate of Incorporation, the Company agrees not to repurchase any stock of the Company if such repurchase would cause such Shares the Series A Preferred Stock, the Series B Preferred Stock or the Registrable Securities not to so qualify as "Qualified Small Business Stock“qualified small business stock” as defined in Section 1202(c) of the Code."

Qualified Small Business. The Company represents and warrants to the Purchasers Investors that, to the best of its knowledge, the Shares shares of Series C Preferred Stock offered hereby should qualify as "Qualified Small Business Stock" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "Code") as of the date hereof. The Company will use reasonable efforts to comply with the reporting and record keeping recordkeeping requirements of Section 1202 of the Code, Code and any regulations promulgated thereunder and any similar state laws and regulationsthereunder, and agrees not to repurchase any stock of the Company if such repurchase would cause such Shares shares not to so qualify as "Qualified Small Business Stock."

Qualified Small Business. The Company represents and warrants to the Purchasers that, to the best of its knowledge, the Shares should qualify as "Qualified Small Business Stock" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "Code") as of the date hereof. The Company will use reasonable efforts to comply with the reporting and record keeping requirements of Section 1202 of the Code, any regulations promulgated thereunder and any similar state laws and regulations, and agrees not to repurchase any stock of the Company if such repurchase would cause such Shares not to so qualify as "Qualified Small Business Stock" unless the Board of Directors otherwise determines that such repurchase would be in the best interests of the Company."