Common use of Small Business Concern Clause in Contracts

Small Business Concern. Borrower, together with its “affiliates” (as that term is defined in Title 13, Code of Federal Regulations, §121.103), is a “small business concern” within the meaning of the Small Business Investment Act of 1958, as amended, and the regulations promulgated thereunder. The information set forth in the Small Business Administration Forms 480, 652 and Parts A and B of Form 1031 regarding Borrower upon delivery, pursuant to Section 4.1 hereof, will be accurate and complete. Borrower does not presently engage in, and it will not hereafter engage in, any activities, and Borrower will not use directly or indirectly, the proceeds from the Loan, for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations §107.720.

Appears in 3 contracts

Samples: Employment Agreement (Accentia Biopharmaceuticals Inc), Employment Agreement (Accentia Biopharmaceuticals Inc), Employment Agreement (Accentia Biopharmaceuticals Inc)

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Small Business Concern. BorrowerBorrower and, together with for purposes of this Section 3.25, its “affiliates” (as that term is defined in Title 13, Code of Federal Regulations, §§ 121.103), is a “small business concern” within the meaning of the Small Business Investment Act of 1958, as amended, and the regulations promulgated thereunderAct. The information set forth in the Small Business Administration SBA Forms 480, 652 and Parts A and B of Form 1031 regarding Borrower the Credit Parties will, upon delivery, delivery pursuant to Section 4.1 Article V hereof, will be accurate and complete. Borrower does The Credit Parties do not presently engage in, in and it will not hereafter engage in, any activities, and Borrower will not use directly or indirectly, the proceeds from the Loan, Loans for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations §§ 107.720.

Appears in 2 contracts

Samples: Loan Agreement (Guerrilla RF, Inc.), Loan Agreement (Guerrilla RF, Inc.)

Small Business Concern. Borrower, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, §§ 121.103), is a small "business concern" within the meaning of the Small Business Investment Act of 1958, as amended, and the regulations promulgated thereunder. The information set forth in the Small Business Administration Forms 480, 652 and Parts Part A and B of Form 1031 regarding Borrower upon delivery, pursuant to Section 4.1 hereof, will be accurate and complete. Borrower does not presently engage in, and it will not hereafter engage in, any activitiesactivities which, and Borrower will not use not, directly or indirectly, use the proceeds from the Loan, Loan for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations §107.720.

Appears in 1 contract

Samples: Security Agreement (Data National Corp)

Small Business Concern. Borrower, together with its "affiliates" ---------------------- (as that term is defined in Title 13, Code of Federal Regulations, §(S) 121.103), is a "small business concern" within the meaning of the Small Business Investment Act of 1958, as amended, and the regulations promulgated thereunder. The information set forth in the Small Business Administration Forms 480, 652 and Parts Part A and B of Form 1031 regarding Borrower upon delivery, pursuant to Section 4.1 hereof, will be accurate and completecomplete in all material respects. Borrower does not presently engage in, and it will not hereafter engage in, any activitiesactivities which, and Borrower will not use not, directly or indirectly, use the proceeds from the Loan, Loan for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations §107.720(S)107.720.

Appears in 1 contract

Samples: Loan Agreement (Radiant Systems Inc)

Small Business Concern. Borrower, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, §121.103), is a "small business concern" within the meaning of the Small Business Investment Act of 1958, as amended, and the regulations promulgated thereunder. The information set forth in the Small Business Administration Forms 480, 652 and Parts A and B of Form 1031 regarding Borrower upon delivery, pursuant to Section 4.1 hereof, will be accurate and complete. Borrower does not presently engage in, and it will not hereafter engage in, any activities, and Borrower will not use directly or indirectly, the proceeds from the Loan, for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations §107.720.

Appears in 1 contract

Samples: Loan Agreement (Metrisa Inc)

Small Business Concern. Borrower, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, §Section 121.103), is a "small business concern" within the meaning of the Small Business Investment Act of 1958, as amended, and the regulations promulgated thereunder. The information set forth in the Small Business Administration Forms 480, 652 and Parts A and B of Form 1031 regarding Borrower upon delivery, pursuant to Section 4.1 hereof, will be accurate and complete. Borrower does not presently engage in, and during the term of this Agreement it will not hereafter engage in, any activities, and Borrower will not use directly or indirectly, the proceeds from the Loan, for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations §Section 107.720.

Appears in 1 contract

Samples: Loan and Security Agreement (Ipayment Inc)

Small Business Concern. Borrower, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, §121.103ss. 121.401), is a "small business concern" within the meaning of the Small Business Investment Act of 1958, as amended, and the regulations promulgated thereunder. The information set forth in the Small Business Administration Forms 480, 652 and Parts Part A and B of Form 1031 regarding Borrower upon delivery, pursuant to Section 4.1 hereof, will be accurate and complete. Borrower does not presently engage in, and it will not hereafter engage in, any activities, and Borrower will not use directly or indirectly, the proceeds from the Loan, for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations §107.720ss.107.901.

Appears in 1 contract

Samples: Loan Agreement (Horizon Medical Products Inc)

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Small Business Concern. The Borrower, together with its “affiliates” (as that term is defined in Title 13, Code of Federal Regulations, §§ 121.103), is a “small business concern” within the meaning of the Small Business Investment Act of 1958, as amended, and the regulations promulgated thereunder. The information set forth in the Small Business Administration Forms 480, 652 and Parts A and B of Form 1031 regarding Borrower the Company will, upon delivery, delivery pursuant to Section 4.1 5.8 (SBA Matters) hereof, will be accurate and complete. The Borrower does not presently engage in, and it will not hereafter engage in, any activities, and the Borrower will not use directly or indirectly, the proceeds from the LoanLoans, for any purpose for which a Small Business Investment Company is prohibited from providing using funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations §§ 107.720.

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (BG Staffing, Inc.)

Small Business Concern. Borrower, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, §ss. 121.103), is a "small business concern" within the meaning of the Small Business Investment Act of 1958, as amended, and the regulations promulgated thereunder. The information set forth in the Small Business Administration Forms 480, 652 and Parts A and B of Form 1031 regarding Borrower upon delivery, pursuant to Section 4.1 hereof, will be accurate and complete. Borrower does not presently engage in, and it will not hereafter engage in, any activities, and Borrower will not use directly or indirectly, the proceeds from the Loan, for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations §107.720ss.107.720.

Appears in 1 contract

Samples: Loan Agreement (American Consolidated Laboratories Inc)

Small Business Concern. BorrowerBorrowers, together with its “their "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, §ss. 121.103), is are a "small business concern" within the meaning of the Small Business Investment Act of 1958, as amended, and the regulations promulgated thereunder. The information set forth in the Small Business Administration Forms 480, 652 and Parts A and B of Form 1031 regarding Borrower Borrowers upon delivery, pursuant to Section 4.1 hereof, will be accurate and complete. Borrower does Borrowers do not presently engage in, and it will not hereafter engage in, any activities, and Borrower Borrowers will not use directly or indirectly, the proceeds from the Loan, for any purpose for which a Small Business Investment Company is prohibited from providing funds by the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations §Section 107.720.

Appears in 1 contract

Samples: Loan Agreement (Compass Plastics & Technologies Inc)

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