Real Property Holding Corporation. The Company shall operate in a manner such that it will not become a “United States real property holding corporation” as such term is defined in Section 897(c)(2) of the Internal Revenue Code of 1986, as amended (the “Code”), and the regulations thereunder.
Appears in 4 contracts
Samples: Investors’ Rights Agreement (BioNano Genomics, Inc), Investors’ Rights Agreement (BioNano Genomics, Inc), Investors’ Rights Agreement (BioNano Genomics, Inc)
Real Property Holding Corporation. The Company shall covenants that it will operate in a manner such that it will not become a “United States real property holding corporation” as such that term is defined in Section 897(c)(2) of the Internal Revenue Code of 1986, as amended (the “Code”)amended, and the regulations thereunder.
Appears in 3 contracts
Samples: Investor Rights Agreement (Nupathe Inc.), Investor Rights Agreement (Nupathe Inc.), Investor Rights Agreement (Nupathe Inc.)
Real Property Holding Corporation. The Company shall operate in a manner such hereby represents that it will is not become a “"United States real property holding corporation” as such term is defined in " within the meaning of Section 897(c)(2) 897 of the Internal Revenue Code of 1986Code, as amended (the “Code”)amended, and the regulations thereunderTreasury Regulation ss.1.897-2.
Appears in 3 contracts
Samples: Series C Preferred Stock Purchase Agreement (Net Value Holdings Inc), Preferred Stock Purchase Agreement (Art Technology Group Inc), Stock Purchase Agreement (Smartserv Online Inc)
Real Property Holding Corporation. The Company shall operate in a manner such hereby represents and certifies that it will is not become a “"United States real property holding corporation” as such term is defined in " within the meaning of Section 897(c)(2) 897 of the Internal Revenue Code of 1986Code, as amended (the “Code”)amended, and the regulations thereunderTreasury Regulation Section 1.897-2.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Eloquent Inc), Securities Purchase Agreement (Buffalo Wild Wings Inc)
Real Property Holding Corporation. The Company shall covenants that it will use commercially reasonable efforts to operate in a manner such that it will not become a “United States real property holding corporation” as such that term is defined in Section 897(c)(2) of the Internal Revenue Code of 1986, as amended (the “Code”)amended, and the regulations thereunder.
Appears in 2 contracts
Samples: Investor Rights Agreement (TELA Bio, Inc.), Investor Rights Agreement (TELA Bio, Inc.)
Real Property Holding Corporation. The Company shall operate in a manner such that it will not become be a “"United States real property holding corporation” ," as such term is defined in Section 897(c)(2) of the Code and Section 1.897-2(b) of the Regulations promulgated by the Internal Revenue Code Service and upon written request, will provide to any holder of 1986, as amended (Preferred Stock a statement to the “Code”), and effect informing such holder whether its interest in the regulations thereunderCompany constitutes a U.S. real property interest.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Ilex Oncology Inc), Convertible Preferred Stock Purchase Agreement (Ilex Oncology Inc)
Real Property Holding Corporation. The Company shall operate in is not and has never --------------------------------- been a manner such that it will not become a “"United States real property holding corporation” ," (as such that term is defined in Section 897(c)(2) of the Internal Revenue Code of 1986, as amended (the “"Code”") and Treasury Regulation Section 1.897-2(b), and shall timely made all filings required by Treasury Regulation Section 1.897-2(h)(l). If at any time in the regulations thereunderfuture the Company shall become a "United States real property holding corporation," the Company shall, as promptly as practicable, so notify each foreign investor.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Diamond Technology Partners Inc), Stock Purchase Agreement (Diamond Technology Partners Inc)
Real Property Holding Corporation. The Company shall operate in is not a manner such that it will not become a “"United States real property holding corporation” as such term is defined in " within the meaning of Section 897(c)(2) 897(c)2 of the United States Internal Revenue Code of 1986, as amended (the “Code”), and the regulations thereunderamended.
Appears in 1 contract
Samples: Series G Preferred Stock Purchase Agreement (Datascope Corp)
Real Property Holding Corporation. The Company shall operate in a manner such hereby represents that it will is not become a “"United States real property holding corporation” as such term is defined in " within the meaning of Section 897(c)(2) 897 of the Internal Revenue Code of 1986Code, as amended (the “Code”)amended, and the regulations thereunderTreasury Regulation ss 1.897-2.
Appears in 1 contract
Samples: Series C Preferred Stock Purchase Agreement (Net Value Holdings Inc)
Real Property Holding Corporation. The Company shall covenants that it will operate in a manner such that it will not become a “"United States real property holding corporation” " as such that term is defined in Section 897(c)(2) of the Internal Revenue Code of 1986, as amended (the “Code”)amended, and the regulations thereunder.regulations
Appears in 1 contract
Real Property Holding Corporation. The Company shall operate in a manner such that it will not become be a “"United States real property holding corporation” ", as such term is defined in Section 897(c)(2) of the Code and Section 1.897-2(b) of the Regulations promulgated by the Internal Revenue Code Service and upon written request, will provide to any holder of 1986, as amended (the “Code”), and the regulations thereunder.Preferred
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Ilex Oncology Inc)
Real Property Holding Corporation. The Company shall operate in a manner such that it will not become be a “"United States real property holding corporation” ", as such term is defined in Section 897(c)(2) of the Code and Section 1.897-2(b) of the Regulations promulgated by the Internal Revenue Code Service and upon written request, will provide to any holder of 1986, as amended (Preferred Stock a statement to the “Code”), and effect informing such holder whether its interest in the regulations thereunderCompany constitutes a U.S. real property interest.
Appears in 1 contract
Samples: Convertible Preferred Stock Purchase Agreement (Ilex Oncology Inc)
Real Property Holding Corporation. The Company shall operate in a manner such represents and warrants that neither it will not become nor any of its subsidiaries is or has ever been a “United States real property holding corporation” as such term is defined in within the meaning of Section 897(c)(2) of the Internal Revenue Code of 1986, as amended (the “Code”), and at any time during the regulations thereunderapplicable period specified in Section 897(c)(l)(A)(ii) of the Code.
Appears in 1 contract
