Common use of Small Business Matters Clause in Contracts

Small Business Matters. The Company, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, Section 121.103), is a "Small Business" within the meaning of the Small Business Investment Act and the regulations thereunder, including Title 13, Code of Federal Regulations, Sections 107.50, 107.700 and 121.301(c) (the "SBIC Act"). The information regarding the Company and its affiliates set forth in the Small Business Administration Form 355, Form 652 and Parts A and B of Form 1031 to be delivered at the Closing is or will be accurate and complete. Copies of such forms shall have been completed and executed by the Company and delivered to the Investor at the Closing together with a written statement of the Company regarding its planned use of the proceeds from the sale of the Preferred Stock and the Warrant. The Company: (i) does not presently engage in, and shall not hereafter engage in, any activities, or (ii) shall not use directly or indirectly the proceeds from the sale of the Preferred Stock or the Warrant for any purpose, which in either case, a SBIC is prohibited from engaging in or providing funds for by the SBIC Act and the regulations thereunder (including Title 13, Code of Federal Regulations, Section 107.720).

Small Business Matters. The Company, together with its ---------------------- "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, Section 121.103), is a "Small Business" within the meaning of the Small Business Investment SBIC Act and the regulations thereunder, including Title 13, Code of Federal Regulations, Sections 107.50, 107.700 and 121.301(c) (the "SBIC Act"). The information regarding the Company and its affiliates Affiliates set forth in the Small Business Administration Form 355480, Form 652 and Parts A and B of Form 1031 to be delivered at the Closing is or will be accurate and complete. Copies of such forms shall have been completed and executed by the Company and delivered to the Investor each Purchaser which is an SBIC at the Closing together with a written statement of the Company regarding its planned use of the proceeds from the sale of the Preferred Stock and Securities. Neither the Warrant. The CompanyCompany nor any Subsidiary: (i) does not presently engage engages in, and none of them shall not hereafter engage in, any activities, or (ii) shall not use directly or indirectly the proceeds from the sale of the Preferred Stock or the Warrant Securities for any purpose, which which, in either case, a SBIC is prohibited from engaging in or providing funds for by the SBIC Act and the regulations thereunder (including Title 13, Code of Federal Regulations, Section 107.720).

Small Business Matters. The Company, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, Section 121.103ss.121.103), is a "Small Businesssmall business concern" within the meaning of the Small Business Investment Act and the regulations thereunderSection 121.301(c)(1), including Title 13, Code of Federal Regulations, Sections 107.50, 107.700 and 121.301(c) (as otherwise required by the "SBIC Act")applicable provisions of Part 121 thereof. The information regarding the Company and its affiliates set forth in the Small Business Administration Form 355480, Form 652 and Parts Part A and B of Form 1031 to be delivered at the Closing (or promptly thereafter) is or will be accurate and complete. Copies of such forms shall have been completed and executed by the Company and delivered to the Investor Purchasers at the Closing together with a written statement of the Company regarding its their planned use of the proceeds from the sale of the Notes, the Preferred Stock and the WarrantWarrants. The Company: (i) does not Neither the Company nor any Subsidiary presently engage engages in, and it shall not hereafter engage in, any activities, nor shall the Company or (ii) shall not any Subsidiary use directly or indirectly the proceeds from the sale of the Notes, the Preferred Stock or and the Warrant Warrants hereunder for any purpose, for which in either case, a SBIC "small business investment company" is prohibited from engaging in or providing funds for by the SBIC Small Business Investment Act of 1958 and the regulations thereunder (including Title 13, Code of Federal Regulations, Section 107.720ss.107.720).

Small Business Matters. The Company, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, Section 121.103), is a "Small Business" within the meaning of the Small Business Investment SBIC Act and the regulations thereunder, including Title 13, Code of Federal Regulations, Sections 107.50, 107.700 and 121.301(c) (the "SBIC Act"). The information regarding the Company and its affiliates Affiliates set forth in the Small Business Administration Form 355480, Form 652 and Parts A and B of Form 1031 to be delivered at the Closing is or will be accurate and complete. Copies of such forms shall have been completed and executed by the Company and delivered to the Investor each Purchaser which is an SBIC at the Closing together with a written statement of the Company regarding its planned use of the proceeds from the sale of the Preferred Stock and Securities. Neither the Warrant. The CompanyCompany nor any Subsidiary: (i) does not presently engage engages in, and none of them shall not hereafter engage in, any activities, or (ii) shall not use directly or indirectly the proceeds from the sale of the Preferred Stock or the Warrant Securities for any purpose, which which, in either case, a SBIC is prohibited from engaging in or providing funds for by the SBIC Act and the regulations thereunder (including Title 13, Code of Federal Regulations, Section 107.720).

Small Business Matters. The Company, together with its "affiliates" (as that term is defined in Title 13, Code of Federal Regulations, Section 121.103), is a "Small Business" and a "Smaller Business", in each case within the meaning of the Small Business Investment SBIC Act and the regulations thereunder, including Title 13, Code of Federal Regulations, Sections 107.50, 107.700 107.700, 107.710 and 121.301(c) (the "SBIC Act"). The information regarding the Company and its affiliates Affiliates set forth in the Small Business Administration Form 355480, Form 652 and Parts A and B of Form 1031 to be delivered at the Closing is or will be accurate and complete. Copies of such forms shall have been completed and executed by the Company and delivered to the Investor each Purchaser which is an SBIC at the Closing together with a written statement of the Company regarding its planned use of the proceeds from the sale of the Preferred Stock and Securities. Neither the Warrant. The CompanyCompany nor any Subsidiary: (i) does not presently engage engages in, and none of them shall not hereafter engage in, any activities, or (ii) shall not use directly or indirectly the proceeds from the sale of the Preferred Stock or the Warrant Securities for any purpose, which which, in either case, a SBIC is prohibited from engaging in or providing funds for by the SBIC Act and the regulations thereunder (including Title 13, Code of Federal Regulations, Section 107.720).