definiens: ), to constitute as defined in Section 1202(c ) of the Code ; provided, however, tha t such requirement shall not be applicable if the B oard of Directors of the Company determines, in its good - fa ith business judgment, that such qualification is i nconsistent with the best interests of the Company . The Company shall submit to its stockholders ( including the In vestors ) and to the Internal Revenue Service any reports tha t may be required under Section 1202(d)(1)(C ) of th e Code and the regulations promulgated thereunder . In addi tion, within twenty ( 20 ) business days after any In vestor ’s written request therefor, the Company shall, at its option, either ( i ) deliver to such Investor a writ ten statement indicating whether ( and what portion of ) such Inves tor ’s interest in the Company constitutes as defined in Section 1202(c ) of th e Code or ( ii ) deliver to such Investor such factua l information in the Company ’s possession as is reasonably necess ary to enable such Investor to determine whether ( a nd what portion of ) such Investor ’s interest in the Company constitutes as de fined in Section 1202(c ) of the Code