Common use of U.S Clause in Contracts

U.S. Real Property Holding Corporation. The Company (including its predecessors) and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, a U.S. real property holding corporation within the meaning of Section 897 of the Code.

Appears in 5 contracts

Samples: Securities Purchase Agreement (Armata Pharmaceuticals, Inc.), Securities Purchase Agreement (Entasis Therapeutics Holdings Inc.), Securities Purchase Agreement (Armata Pharmaceuticals, Inc.)

AutoNDA by SimpleDocs

U.S. Real Property Holding Corporation. The Company (including its predecessors) is not and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, never been a U.S. real property holding corporation within the meaning of Section 897 of the CodeInternal Revenue Code of 1986, as amended, and the Company shall so certify upon Underwriter’s request.

Appears in 3 contracts

Samples: Underwriting Agreement (Foresight Autonomous Holdings Ltd.), Underwriting Agreement (Advaxis, Inc.), Underwriting Agreement (AIM ImmunoTech Inc.)

U.S. Real Property Holding Corporation. The Company (including its predecessors) is not now and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, never been a U.S. "United States real property holding corporation within the meaning of corporation," as defined in Section 897 897(c)(2) of the CodeCode and Section 1.897-2(b) of the Regulations 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 that are required under Section 1.897-2(h) of such Regulations.

Appears in 3 contracts

Samples: Preferred Stock Purchase Agreement (Careerbuilder Inc), Preferred Stock Purchase Agreement (Careerbuilder Inc), Preferred Stock Purchase Agreement (Careerbuilder Inc)

U.S. Real Property Holding Corporation. The Company (including its predecessors) is not now and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, never been a U.S. "United States real property holding corporation within the meaning of corporation," as defined in Section 897 897(c)(2) of the CodeCode and Section 1.897-2(b) of the Treasury 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 2 contracts

Samples: Occupational Health (Axa U S Growth Fund LLC), Venture Capital Fund of New England Iii Lp

U.S. Real Property Holding Corporation. The Company (including its predecessors) is not now and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, never been a U.S. "United States real property holding corporation within the meaning of corporation", as defined in Section 897 897(c)(2) of the CodeCode and Section 1.897-2(b) of the Regulations promulgated by the Internal Revenues 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 (Starmedia Network Inc), Convertible Preferred Stock Purchase Agreement (Starmedia Network Inc)

U.S. Real Property Holding Corporation. The Each Company (including its predecessors) is not now and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, never been a U.S. "United States real property holding corporation within corporation," as defined in the meaning Internal Revenue Code of Section 897 of the Code1986, as amended.

Appears in 2 contracts

Samples: Securities Purchase Agreement (General Devices Inc), Stockholders Agreement (General Devices Inc)

U.S. Real Property Holding Corporation. The Company (including its predecessors) is not now and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, never been a U.S. "United States real property holding corporation within the meaning of corporation," as defined in Section 897 897(c)(2) of the CodeInternal Revenue Code of the United States and Section 1.897-2(b) of the Treasury Regulations promulgated by the Internal Revenue Service thereunder, 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: Stock Purchase Agreement (Insweb Corp)

U.S. Real Property Holding Corporation. The Company (including its predecessors) is not now and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, never been a U.S. "United States real property holding corporation within the meaning of corporation", as defined in Section 897 897(c)(2) of the CodeCode and Section 1.897-2(b) of the Regulations promulgated by the Internal Revenue Service.

Appears in 1 contract

Samples: Convertible Demand Note and Warrant Purchase Agreement (Medical Sterilization Inc)

U.S. Real Property Holding Corporation. The Company (including its predecessors) and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the PurchaserPurchasers, shall not become, a U.S. real property holding corporation within the meaning of Section 897 of the Code.

Appears in 1 contract

Samples: Securities Purchase Agreement (Armata Pharmaceuticals, Inc.)

AutoNDA by SimpleDocs

U.S. Real Property Holding Corporation. The Company (including its predecessors) is not now and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, never been a U.S. "United States real property holding corporation within the meaning of corporation," as defined in Section 897 897(c)(2) of the Code.Code and Section 1.897-2(b) of the Regulations promulgated by the Internal Revenue Service. Each Purchaser severally represents and warrants to the Company that:

Appears in 1 contract

Samples: Convertible Preferred Stock and Warrant Purchase Agreement (Medical Sterilization Inc)

U.S. Real Property Holding Corporation. The Company (including its predecessors) is not now and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, never been a U.S. "United States real property holding corporation within the meaning of corporation," as defined in Section 897 897(c)(2) of the CodeCode and Section 1.897-2(b) of the Regulations 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 that are required under Section 1.897-2(h) of such regulations.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Sorrento Networks Corp)

U.S. Real Property Holding Corporation. The Neither the Company (including its predecessors) and all Subsidiaries thereof is not, has not ever been, and, for so long as nor any of the Securities are held by the Purchaser, shall not become, its subsidiaries is now and or has never been a U.S. "United States real property holding corporation within the meaning of corporation", as defined in Section 897 897(c)(2) of the CodeCode and Section 1.897-2(b) of the Regulations promulgated by the Internal Revenues 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: Convertible Preferred Stock Purchase Agreement (Starmedia Network Inc)

U.S. Real Property Holding Corporation. The Company (including its predecessors) and all Subsidiaries thereof is not, nor has not it ever been, and, for so long as any of the Securities are held by the Purchaser, shall not become, a U.S. real property holding corporation within the meaning of Section 897 of the CodeInternal Revenue Code of 1986, as amended.

Appears in 1 contract

Samples: Securities Purchase Agreement Signature Page (Euronet Worldwide Inc)

U.S. Real Property Holding Corporation. The Company is not now and has never been a "United States Real Property Holding Corporation" as defined in Section 897(c) (including its predecessors2) and all Subsidiaries thereof is not, has not ever been, and, for so long as any of the Securities are held Code and Section 1.897-2(b) of the Regulations promulgated by the Purchaser, shall not become, a U.S. real property holding corporation within the meaning of Section 897 of the CodeInternal Revenue Service.

Appears in 1 contract

Samples: Preferred Stock Purchase Agreement (Direct General Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.