U.S. Real Property Holding Corporation. The Company has not been a United States real property holding corporation within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Priority Technology Holdings, Inc.), Agreement and Plan of Merger (Priority Technology Holdings, Inc.)
U.S. Real Property Holding Corporation. The Company is not -------------------------------------- now and has not never been a "United States real property holding corporation within the meaning of corporation", as defined in Section 897(c)(2) of the Code during the applicable period specified in and Section 897(c)(1)(A)(ii1.897-2(b) of the CodeRegulations promulgated by the Internal Revenue Service, and the Company has filed with the Internal Revenue Service all statements, if any, with its United States income tax returns which are required under Section 1.897-2(h) of such Regulations.
Appears in 2 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Peritus Software Services Inc), Convertible Preferred Stock Purchase Agreement (Peritus Software Services Inc)
U.S. Real Property Holding Corporation. The Company is not now -------------------------------------- and has not never been a "United States real property holding corporation within the meaning of corporation", as defined in Section 897(c)(2) of the Code during the applicable period specified in and Section 897(c)(1)(A)(ii1.897-2(b) of the CodeRegulations promulgated by the Internal Revenue Service, and the Company has filed with the Internal Revenue Service all statements, if any, with its United States income tax returns which are required under Section 1.897-2(h) of such Regulations.
Appears in 2 contracts
Samples: Purchase Agreement (CCBN Com), Purchase Agreement (CCBN Com)
U.S. Real Property Holding Corporation. The Company is not now -------------------------------------- and has not been a "United States real property holding corporation within the meaning of corporation" as defined in Section 897(c)(2) of the U.S. Internal Revenue Code during of 1986, as amended (the applicable period specified in "Code"), and Section 897(c)(1)(A)(ii1.897-2(b) of the CodeRegulations thereunder.
Appears in 2 contracts
Samples: Convertible Debenture Purchase Agreement (Right Start Inc /Ca), Convertible Debenture Purchase Agreement (Right Start Inc /Ca)
U.S. Real Property Holding Corporation. The Company is not and has not been a United States real property holding corporation within the meaning of Code Section 897(c)(2) of the Code during the applicable period specified in Code Section 897(c)(1)(A)(ii) of the Code).
Appears in 2 contracts
Samples: Stock Purchase Agreement (Sm&A), Stock Purchase Agreement (Sm&A)
U.S. Real Property Holding Corporation. The Company is not and has not been a United States real property holding corporation corporation, within the meaning of Code Section 897(c)(2) of the Code ), during the applicable period specified in Code Section 897(c)(1)(A)(ii) of the Code).
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Cytyc Corp), Agreement and Plan of Merger (Cubist Pharmaceuticals Inc)
U.S. Real Property Holding Corporation. The Company is not, and has not been a United States real property holding corporation within in the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code, a “United States real property holding corporation” as defined in Section 897(c)(2) of the Code.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Castlight Health, Inc.)
U.S. Real Property Holding Corporation. The Company is not now -------------------------------------- and has not never been a "United States real property holding corporation within the meaning of Real Property Holding Corporation" as defined in Section 897(c)(2) of the Code during the applicable period specified in and Section 897(c)(1)(A)(ii1.897-2(b) of the CodeRegulations promulgated by the Internal Revenue Service.
Appears in 1 contract
U.S. Real Property Holding Corporation. The Company is not now and has not never been a “United States real property holding corporation within the meaning of Real Property Holding Corporation” as defined in Section 897(c)(2) of the Code during the applicable period specified in and Section 897(c)(1)(A)(ii1.897-2(b) of the CodeRegulations promulgated by the Internal Revenue Service.
Appears in 1 contract
U.S. Real Property Holding Corporation. The Company is not now -------------------------------------- and has not never been a United States real property holding corporation within the meaning of corporation," as defined in Section 897(c)(2) of the Code during the applicable period specified in and Section 897(c)(1)(A)(ii1.897-2(b) of the CodeRegulations promulgated by the U.S. Internal Revenue Service.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Unifi Communications Inc)
U.S. Real Property Holding Corporation. The Company is not now and -------------------------------------- has not never been a "United States real property holding corporation within the meaning of corporation," as defined in Section 897(c)(2) of the Code during the applicable period specified in and Section 897(c)(1)(A)(ii1.897-2(b) of the CodeRegulations promulgated by the Internal Revenue Service, and the Company has filed with the Internal Revenue Service all statements, if any, with its United States income tax returns which are required under Section 1.897-2(h) of such Regulations.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Mainspring Communications Inc)
U.S. Real Property Holding Corporation. The Company has not been a “United States real property holding corporation corporation” within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code).
Appears in 1 contract
Samples: Securities Purchase Agreement (Oncure Medical Corp)
U.S. Real Property Holding Corporation. The Company is not and has not been during the applicable period provided in Section 897(c) of the Internal Revenue Code of 1986, as amended (the “Code”) a United States U.S. real property holding corporation within the meaning of Section 897(c)(2) of the Code during the applicable period specified in Section 897(c)(1)(A)(ii) 897 of the Code, and the Company shall so certify upon the Representative’s request.
Appears in 1 contract
Samples: Underwriting Agreement (CardieX LTD)
U.S. Real Property Holding Corporation. The Company is not now -------------------------------------- and has not never been a "United States real property holding corporation within the meaning of corporation" as defined in Section 897(c)(2) of the Code during the applicable period specified in and Section 897(c)(1)(A)(ii1.897-2(b) of the CodeRegulations promulgated by the Internal Revenue Service, and the Company has filed with the Internal Revenue Service all statements, if any, wit its United States income tax returns which are required under Section 1.897(h) of such Regulations.
Appears in 1 contract
U.S. Real Property Holding Corporation. The Company is not now -------------------------------------- and has not never been a "United States real property holding corporation within the meaning of corporation," as defined in Section 897(c)(2) of the Code during the applicable period specified in and Section 897(c)(1)(A)(ii1.897-2(b) of the CodeTreasury Regulations and the Company has filed with the Internal Revenue Service all statements, if any, with its United States income tax returns which are required under Section 1.897-2(h) of such Regulations.
Appears in 1 contract
