Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 76 contracts
Samples: Convertible Preferred Stock Purchase Agreement (K Wave Media Ltd.), Convertible Preferred Stock Purchase Agreement (K Wave Media Ltd.), Convertible Preferred Stock Purchase Agreement (K Wave Media Ltd.)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 74 contracts
Samples: Common Stock Purchase Agreement (Strike Axe, Inc), Common Stock and Warrant (PAVANA POWER Corp), Common Stock and Warrant (PAVANA POWER Corp)
Real Property Holding Corporation. The Company is not a “United States real property holding corporation corporation” within the meaning of the Code Section 897(c)(2) and any applicable regulations promulgated thereunder.
Appears in 13 contracts
Samples: Warrant Purchase Agreement, Preferred Stock Purchase Agreement, Stock Purchase Agreement
Real Property Holding Corporation. The Company is not a United States real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 10 contracts
Samples: Subscription Agreement (Ring Energy, Inc.), Series B Preferred Stock Purchase Agreement (Spirent PLC), Common Stock and Warrant Purchase Agreement (Cambridge Soundworks Inc)
Real Property Holding Corporation. The Company is not a real --------------------------------- property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 8 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Inventa Technologies Inc), Shareholders Agreement (Inventa Technologies Inc), Shareholders Agreement (Inventa Technologies Inc)
Real Property Holding Corporation. The Company is not a United --------------------------------- States real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 8 contracts
Samples: Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo Inc), Preferred Stock Purchase Agreement (Avantgo Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Code and any regulations promulgated thereunder.
Appears in 7 contracts
Samples: Collaborative Research Agreement (Codexis Inc), Collaborative Research Agreement (Codexis Inc), Stock Purchase Agreement (Cornerstone Therapeutics Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code of 1986, as amended, and any regulations promulgated thereunder.
Appears in 7 contracts
Samples: Series F Preferred Stock Purchase Agreement (Gen Probe Inc), Series F Preferred Stock Purchase Agreement (Gen Probe Inc), Common Stock and Warrant Purchase Agreement (Rigel Pharmaceuticals Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code of 1986, as amended (the "Code") and any regulations promulgated thereunder.
Appears in 7 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Inphonic Inc), Convertible Preferred Stock Purchase Agreement (Inphonic Inc), Convertible Preferred Stock Purchase Agreement (Inphonic Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code of 1986, as amended (the “Code”) and any regulations promulgated thereunder.
Appears in 6 contracts
Samples: Note and Common Stock Purchase Agreement (Protalex Inc), Warrant and Common Stock Purchase Agreement (Protalex Inc), Warrant and Common Stock Purchase Agreement (Protalex Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code of 1986 (the "Code"), as amended, and any regulations promulgated thereunder.
Appears in 5 contracts
Samples: Strategic Alliance Agreement (Theravance Inc), Strategic Alliance Agreement (Theravance Inc), Strategic Alliance Agreement (Theravance Inc)
Real Property Holding Corporation. The Company is not a “United States real property holding corporation corporation” within the meaning of Code Section 897(c)(2) of the Code and any regulations promulgated thereunder.
Appears in 5 contracts
Samples: Series D Preferred Stock Purchase Agreement (Xstream Systems Inc), Series D Preferred Stock Purchase Agreement (Xstream Systems Inc), Series a Preferred Stock Purchase Agreement (Xstream Systems Inc)
Real Property Holding Corporation. The Company is has not been a United States real property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code during the applicable period specified in Section 897(c)(1)(A)(ii).
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Appliedtheory Corp), Agreement and Plan of Merger (Appliedtheory Corp), Agreement and Plan of Merger (Pure Vanilla Exchange Inc)
Real Property Holding Corporation. The Company is not a “real property holding corporation corporation” within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Internal Revenue Code of 1986, as amended.
Appears in 5 contracts
Samples: Securities Purchase Agreement (MedAvail Holdings, Inc.), Securities Purchase Agreement (MedAvail Holdings, Inc.), Securities Purchase Agreement (MedAvail Holdings, Inc.)
Real Property Holding Corporation. The Company is not not, nor has it been, a “United States real property holding corporation within the meaning of Code corporation” (as defined in Section 897(c)(2) and any regulations promulgated thereunderof the Code) during the applicable period specified in Section 897(c)(1) of the Code.
Appears in 5 contracts
Samples: Agreement and Plan of Merger and Reorganization (Avalo Therapeutics, Inc.), Agreement and Plan of Merger and Reorganization (Aevi Genomic Medicine, Inc.), Agreement and Plan of Merger and Reorganization (Cerecor Inc.)
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) and any regulations promulgated thereunder), during the applicable period specified in Code Section 897(c)(1)(A)(ii).
Appears in 4 contracts
Samples: Agreement and Plan of Merger and Reorganization (Leukosite Inc), Agreement and Plan of Merger (Uromed Corp), Agreement and Plan of Merger and Reorganization (Leukosite Inc)
Real Property Holding Corporation. The Company is not a "United States real property holding corporation corporation" within the meaning of Code Section 897(c)(2847(c)(2) and any regulations promulgated thereunderof the Code.
Appears in 4 contracts
Samples: Share Purchase Agreement (El Sitio Inc), Stock Purchase Agreement (El Sitio Inc), Share Purchase Agreement (El Sitio Inc)
Real Property Holding Corporation. The Company is not a "United States real property holding corporation within the meaning of Code Section corporation" as defined in section 897(c)(2) of the Code and any regulations promulgated thereunderTreasury Regulation section 1.897-2(b).
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Ivy Orthopedic Partners LLC), Preferred Stock Purchase Agreement (Galen Partners Iii L P), Preferred Stock Purchase Agreement (Specialized Health Products International Inc)
Real Property Holding Corporation. The Company is not a real --------------------------------- property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Curon Medical Inc), Series B Preferred Stock Purchase Agreement (2bridge), Preferred Stock Purchase Agreement (2bridge)
Real Property Holding Corporation. The Company is not a United States real property holding corporation within the meaning of the Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 3 contracts
Samples: Collaboration Agreement (Sunesis Pharmaceuticals Inc), Collaboration Agreement (Sunesis Pharmaceuticals Inc), Stock Purchase Agreement (Sunesis Pharmaceuticals Inc)
Real Property Holding Corporation. The Company is not a "United States real property holding corporation corporation" within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Invitrogen Corp), Stock Purchase Agreement (Vista Information Solutions Inc), Stock Purchase Agreement (Vista Information Solutions Inc)
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) and of the Code at any regulations promulgated thereundertime during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Miad Systems LTD), Stock Purchase Agreement (Miad Systems LTD), Agreement and Plan of Reorganization (Ecash, Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code of 1986 (the “Code”), as amended, and any regulations promulgated thereunder.
Appears in 3 contracts
Samples: Governance Agreement (Theravance Inc), Common Stock Purchase Agreement (Theravance Inc), Common Stock Purchase Agreement (Theravance Inc)
Real Property Holding Corporation. The Company is not a United States real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations Section 1.897-2(c) of the Treasury Regulations promulgated thereunder.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sandler Capital Management), Securities Purchase Agreement (TSG Capital Fund Iii L P)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunder.. *** INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 PROMULGATED UNDER THE SECURITIES ACT OF 1933, AS AMENDED. CONFIDENTIAL
Appears in 2 contracts
Samples: Collaboration and License Agreement (Five Prime Therapeutics Inc), Collaboration and License Agreement (Five Prime Therapeutics Inc)
Real Property Holding Corporation. The Company is not a “United States real property holding corporation corporation” within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunder.of the Code. EXHIBIT F
Appears in 2 contracts
Samples: Joint Venture Agreement, Joint Venture Agreement (Amyris, Inc.)
Real Property Holding Corporation. The Company is not and has never been a United States real property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code during the applicable period specified in Section 897(c)(1)(A)(ii) of the Code.
Appears in 2 contracts
Samples: Share Purchase Agreement (Cullinan Oncology, Inc.), Stock Purchase Agreement (Cool Holdings, Inc.)
Real Property Holding Corporation. The Company is not a "real property holding corporation corporation" within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the United States Internal Revenue Code of 1986, as amended.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Mitokor), Preferred Stock Purchase Agreement (Mitokor)
Real Property Holding Corporation. The Company Corporation is not a real property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Americasdoctor Com Inc), Securities Purchase Agreement (Americasdoctor Com Inc)
Real Property Holding Corporation. The Company is not a United States real property holding corporation within as defined in Section 897 of the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderCode.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Interwave Communications International LTD), Stock Purchase Agreement (Utstarcom Inc)
Real Property Holding Corporation. The Company is not a "real --------------------------------- property holding corporation corporation" within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code.
Appears in 2 contracts
Samples: Rights Agreement (Geocities), Preferred Stock Purchase Agreement (Geocities)
Real Property Holding Corporation. The Company is not a "real --------------------------------- property holding corporation corporation" within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the United States Internal Revenue Code of 1986, as amended.
Appears in 2 contracts
Samples: Voting Agreement (Comps Com Inc), Voting Agreement (Comps Com Inc)
Real Property Holding Corporation. The Company is not a "real --------------------------------- property holding corporation corporation" within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Internal Revenue Code of 1986, as amended.
Appears in 2 contracts
Samples: Preferred Stock Purchase Agreement (Worldres Com Inc), Preferred Stock and Warrant Purchase Agreement (Worldres Com Inc)
Real Property Holding Corporation. The Company is not a real --------------------------------- property holding corporation within the meaning of Section 8979(c)(2) of the Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 2 contracts
Samples: Series a Subscription Agreement (General Electric Capital Corp), Subscription Agreement (Net2phone Inc)
Real Property Holding Corporation. The Company Connetics is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code and any regulations promulgated thereunder.
Appears in 2 contracts
Samples: Common Stock Purchase Agreement (Connetics Corp), Common Stock Purchase Agreement (Connetics Corp)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Code and any regulations promulgated thereunder.
Appears in 2 contracts
Samples: Purchase Common Stock (Nimblegen Systems Inc), Purchase Common Stock (Nimblegen Systems Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.. 4. REPRESENTATIONS, WARRANTIES AND CERTAIN AGREEMENTS OF EACH INVESTOR. Each Investor hereby severally, and not jointly, represents and warrants to the Company, and agrees that: (a)
Appears in 1 contract
Samples: Corporation Stock Purchase and Investor Rights Agreement (Intel Corp)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Aclarion, Inc.)
Real Property Holding Corporation. The Company is not a real --------------------------------- property holding corporation within the meaning of Code Section 897(c)(2) of the Code and any regulations promulgated thereunder.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Zhone Technologies Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of the Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 1 contract
Real Property Holding Corporation. The Company is not a “United States real property holding corporation corporation” within the meaning of Internal Revenue Code Section section 897(c)(2) and any the regulations promulgated thereunder.
Appears in 1 contract
Real Property Holding Corporation. The Company is not a "United --------------------------------- States real property holding corporation corporation" within the meaning of Code Section section 897(c)(2) and any regulations promulgated thereunder.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Magma Design Automation Inc)
Real Property Holding Corporation. The Company is not has never been a real property holding corporation within the meaning of Code Section 897(c)(2897(c) and any regulations promulgated thereunderof the Code.
Appears in 1 contract
Real Property Holding Corporation. The Company is not and will not voluntarily become a real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 1 contract
Samples: Common Stock Purchase Agreement (Triangle Pharmaceuticals Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code of 1986, as amended (the "Code"), and any regulations promulgated thereunder.
Appears in 1 contract
Samples: Collaborative Research and License Agreement (Axys Pharmecueticals Inc)
Real Property Holding Corporation. The Company is not a "real property holding corporation corporation" within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the United States Internal Revenue Code of 1986, as amended.
Appears in 1 contract
Samples: Stock and Convertible Note Purchase Agreement (Macrovision Corp)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any nay regulations promulgated thereunder.
Appears in 1 contract
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the Internal Revenue Code of 1986, as amended (the "Code") and any regulations promulgated thereunder. (aa) Investment Company Act. The Company is not an "investment company", or a company "controlled" by an "investment company," within the meaning of the Investment Company Act of 1940, as amended.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Bank of America Corp /De/)
Real Property Holding Corporation. The Company is not a real property holding corporation United States Real Property Holding Corporation within the meaning of Code Section 897(c)(2897(c) and any regulations promulgated thereunderof the Code.
Appears in 1 contract
Real Property Holding Corporation. The Company Corporation is not a real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 1 contract
Samples: Voting Agreement (Adesso Healthcare Technology Services Inc)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 1 contract
Real Property Holding Corporation. The Company is not a real --------------------------------- property holding corporation within the meaning of Code Section 897(c)(2) of the Code and any regulations regulation promulgated thereunder.
Appears in 1 contract
Real Property Holding Corporation. The Company is not a "United States real property holding corporation within the meaning of Code Section corporation," as defined in section 897(c)(2) of the Code and any regulations promulgated thereunderTreasury Regulation section 1.897-2(b).
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Control Delivery Systems Inc/Ma)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Code Section 897(c)(2) of the United States Internal Revenue Code of 1986, as amended (the "Code"), and any regulations promulgated thereunder.
Appears in 1 contract
Real Property Holding Corporation. The Company is not a --------------------------------- "real property holding corporation corporation" within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code.
Appears in 1 contract
Samples: Stock Purchase Agreement (Geocities)
Real Property Holding Corporation. The Company is not a “real property holding corporation corporation” within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code.
Appears in 1 contract
Real Property Holding Corporation. The Company is not a real property holding corporation United States Real Property Holding Corporation within the meaning of Code Section 897(c)(2) and any regulations promulgated thereunderof the Code.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Aether Systems LLC)
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of the Code Section 897(c)(2) and any regulations promulgated thereunder.
Appears in 1 contract
Real Property Holding Corporation. The Company is not a real property holding corporation within the meaning of Internal Revenue Code Section 897(c)(2) and any regulations promulgated thereunderthereunder and the Company has filed with the Internal Revenue Service all statements, if any, which are required under Section 1.897-2(h) of the Treasury Regulations.
Appears in 1 contract
Samples: Preferred Stock Purchase Agreement (Limelight Networks, Inc.)
