QUALIFICATION AS A QUALIFIED SMALL BUSINESS Sample Clauses

QUALIFICATION AS A QUALIFIED SMALL BUSINESS. The Company is a "qualified small business," as defined in Section 1202(b) of the Internal Revenue Code (the "Code") and the Shares constitute "qualified small business stock" as defined in Section 1202(c) of the Code. The Company covenants and agrees to comply with the reporting and recordkeeping requirements of Section 1202 of the Code and any regulations promulgated thereunder and to execute and deliver to the Purchasers and the Internal Revenue Service, from time to time, such forms, documents, schedules and other instruments as may be reasonably requested thereby to cause the Shares and the shares of Common Stock issuable upon conversion of the Shares to qualify as a "qualified small business stock," as defined in Section 1202(c) of the Code.
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QUALIFICATION AS A QUALIFIED SMALL BUSINESS. The Company is a ------------------------------------------- "qualified small business," as defined in Section 1202(d) of the Code and the Preferred Shares constitute "qualified small business stock" as defined in Section 1202(c) of the Code.
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QUALIFICATION AS A QUALIFIED SMALL BUSINESS. The Company ------------------------------------------- covenants and agrees to comply with the reporting and recordkeeping requirements, if any, of Section 1202 of the Code and any regulations promulgated thereunder and to execute and deliver to the Purchasers and the Internal Revenue Service, from time to time, such forms, documents, schedules and other instruments as may be reasonably requested thereby to demonstrate, where possible, that the Preferred Shares and the Conversion Shares qualify as a "qualified small business stock," as defined in Section 1202(c) of the Code.
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QUALIFICATION AS A QUALIFIED SMALL BUSINESS. The Company agrees to deliver to the Purchasers, from time to time, such forms, documents, schedules and other instruments reasonably requested by the Purchasers to cause the Series A-1 Stock to qualify as a qualified small business stock, as such term is defined in Section 1202(b) of the Internal Revenue Code of 1986, as amended.
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Related to QUALIFICATION AS A QUALIFIED SMALL BUSINESS

  • Qualified Small Business The Company represents and warrants to ------------------------ the Investors that, to its knowledge, the Shares should qualify as "Qualified Small Business Stock" as defined in Section 1202(c) of the Internal Revenue Code of 1986, as amended (the "Code") as of the date hereof.

  • Qualified Small Business Stock The Company shall use commercially reasonable efforts to cause the shares of Preferred Stock issued pursuant to the Purchase Agreement, as well as any shares into which such shares are converted, within the meaning of Section 1202(f) of the Internal Revenue Code (the “Code”), to constitute “qualified small business stock” as defined in Section 1202(c) of the Code; provided, however, that such requirement shall not be applicable if the Board of Directors of the Company determines, in its good-faith business judgment, that such qualification is inconsistent with the best interests of the Company. The Company shall submit to its stockholders (including the Investors) and to the Internal Revenue Service any reports that may be required under Section 1202(d)(1)(C) of the Code and the regulations promulgated thereunder. In addition, within twenty (20) business days after any Investor’s written request therefor, the Company shall, at its option, either (i) deliver to such Investor a written statement indicating whether (and what portion of) such Investor’s interest in the Company constitutes “qualified small business stock” as defined in Section 1202(c) of the Code or (ii) deliver to such Investor such factual information in the Company’s possession as is reasonably necessary to enable such Investor to determine whether (and what portion of) such Investor’s interest in the Company constitutes “qualified small business stock” as defined in Section 1202(c) of the Code.

  • Qualification as a REIT The General Partner shall use its best efforts to cause the Partnership to distribute sufficient amounts under this Article 5 to enable the General Partner to pay dividends to the Stockholders that will enable the General Partner to

  • Small Business Concern The Company is a “small business concern” under the Small Business Investment Act of 1958 (the “Small Business Act”) as defined in Section 121.301 of Title 13 of the Code of Federal Regulations promulgated thereunder.

  • Listing, Qualification, Etc This option shall be subject to the requirement that if, at any time, counsel to the Company shall determine that the listing, registration or qualification of the shares subject hereto upon any securities exchange or under any state or federal law, or the consent or approval of any governmental or regulatory body, or that the disclosure of non-public information or the satisfaction of any other condition is necessary as a condition of, or in connection with, the issuance or purchase of shares hereunder, this option may not be exercised, in whole or in part, unless such listing, registration, qualification, consent or approval, disclosure or satisfaction of such other condition shall have been effected or obtained on terms acceptable to the Board of Directors. Nothing herein shall be deemed to require the Company to apply for, effect or obtain such listing, registration, qualification or disclosure, or to satisfy such other condition.

  • Foreign Qualification Prior to the Company’s conducting business in any jurisdiction other than Delaware, the Majority Members shall cause the Company to comply, to the extent procedures are available and those matters are reasonably within the control of the Majority Members, with all requirements necessary to qualify the Company as a foreign limited liability company in that jurisdiction.

  • Nasdaq Qualification The Shares to be issued shall be duly authorized for listing by Nasdaq, subject to official notice of issuance, to the extent required by the rules of Nasdaq.

  • Small Business Investment Company Buyer is a small business investment company licensed by the U.S. Small Business Administration under Section 301(c) or (d) of the Small Business Investment Act of 1958.

  • FCC Qualifications Section 7.04

  • Tax Qualification Each Employee Benefit Plan intended to be qualified under Section 401(a) of the Code has been determined to be so qualified by the Internal Revenue Service and nothing has occurred since the date of the last such determination which resulted or is likely to result in the revocation of such determination.

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