U.S. Real Property Holding Corporation. None of the Borrowers or any of their Subsidiaries is, nor has it ever been, a U.S. real property holding corporation within the meaning of Section 897 of the Code, as amended, and the Borrowers will so certify upon the request of any Lender.
Appears in 3 contracts
Samples: Financing Agreement (Unigene Laboratories Inc), Financing Agreement (Jamba, Inc.), Financing Agreement (Unigene Laboratories Inc)
U.S. Real Property Holding Corporation. None of Neither the Borrowers or Borrower nor any of their Subsidiaries Obligor is, nor has it ever been, a U.S. real property holding corporation within the meaning of Section 897 of the Code, as amended, and the Borrowers Borrower will so certify upon the request of any the Lender.
Appears in 2 contracts
Samples: Note Purchase Agreement (Blue Earth, Inc.), Note and Warrant Purchase Agreement (Blue Earth, Inc.)
U.S. Real Property Holding Corporation. None of the Borrowers Companies or any of their Subsidiaries is, nor has it ever been, a U.S. real property holding corporation within the meaning of Section 897 of the Code, as amended, and the Borrowers Companies will so certify upon the request of any LenderBuyer.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Qsgi Inc.), Securities Purchase Agreement (Qsgi Inc.)
U.S. Real Property Holding Corporation. None of the Borrowers Company or any of their its Subsidiaries is, nor has it ever been, a U.S. real property holding corporation within the meaning of Section 897 of the Code, as amended, and the Borrowers Company will so certify upon the request of any LenderPurchaser.
Appears in 1 contract
U.S. Real Property Holding Corporation. None of the Borrowers Borrower or any of their its Subsidiaries is, nor has it ever been, a U.S. real property holding corporation within the meaning of Section 897 of the Code, as amended, and the Borrowers Borrower will so certify upon the request of any Lender.
Appears in 1 contract
Samples: Financing Agreement (Wave2Wave Communications, Inc.)
U.S. Real Property Holding Corporation. None of the Borrowers Company or any of their its Subsidiaries is, nor has it ever been, a U.S. real property holding corporation within the meaning of Section 897 of the Code, as amended, and the Borrowers will so certify upon the request of any Lender.
Appears in 1 contract
