Common use of Arms’ Length Negotiations Clause in Contracts

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 8 contracts

Samples: Purchase Agreement (Brigham Exploration Co), Underwriting Agreement (Carrizo Oil & Gas Inc), Purchase Agreement (Brigham Exploration Co)

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Arms’ Length Negotiations. The purchase price of the Offered Securities Notes set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives Purchasers and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 7 contracts

Samples: Purchase Agreement (Gulfport Energy Corp), Purchase Agreement (Gulfport Energy Corp), Purchase Agreement (Gulfport Energy Corp)

Arms’ Length Negotiations. The purchase price of the Offered Securities Shares set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives and the Company and the Guarantors are is capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 6 contracts

Samples: Underwriting Agreement (Carrizo Oil & Gas Inc), Underwriting Agreement (Carrizo Oil & Gas Inc), Underwriting Agreement (Carrizo Oil & Gas Inc)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors Guarantor following discussions and armsarm’s-length negotiations with the Representatives and the Company and the Guarantors Guarantor are capable of evaluating and understanding and understand understands and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 6 contracts

Samples: Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Diamondback Energy, Inc.)

Arms’ Length Negotiations. The purchase price of the Offered Securities Shares set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives Investors and the Placement Agents, and the Company and the Guarantors are is capable of evaluating and understanding understanding, and understand understands and accept accepts, the terms, risks and conditions of the transactions contemplated by this Agreement;.

Appears in 5 contracts

Samples: Placement Agency Agreement (Fuelcell Energy Inc), Placement Agency Agreement (Parkervision Inc), Placement Agency Agreement (BPZ Resources, Inc.)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives Representative and the Company and the Guarantors are is capable of evaluating and understanding and understand understands and accept accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 4 contracts

Samples: Purchase Agreement (Rightnow Technologies Inc), Purchase Agreement (Gulfmark Offshore Inc), Purchase Agreement (Gulfmark Offshore Inc)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and armsarm’s-length negotiations with the Representatives and the Company and the Guarantors are is capable of evaluating and understanding and understand understands and accept accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 4 contracts

Samples: Purchase Agreement (Enphase Energy, Inc.), Purchase Agreement (Sunrun Inc.), Purchase Agreement (Sunrun Inc.)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and armsarm’s-length negotiations with the Representatives Representative and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 4 contracts

Samples: Purchase Agreement (Diamondback Energy, Inc.), Purchase Agreement (Diamondback Energy, Inc.), Underwriting Agreement (Hi-Vol Products LLC)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives Representative and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 4 contracts

Samples: Purchase Agreement (Terremark Worldwide Inc.), Purchase Agreement (Wca Waste Corp), Purchase Agreement (Terremark Worldwide Inc.)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and armsarm’s-length negotiations with the Representatives and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Purchase Agreement (Diamondback Energy, Inc.), Purchase Agreement (Community Health Systems Inc), Purchase Agreement (Diamond Foods Inc)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors Guarantor following discussions and arms-length negotiations with the Representatives and the Company and the Guarantors Guarantor are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 3 contracts

Samples: Purchase Agreement (Aon PLC), Purchase Agreement (Kodiak Oil & Gas Corp), Purchase Agreement (Kodiak Oil & Gas Corp)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives Representative and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Purchase Agreement (UWM Holdings Corp), Purchase Agreement (UWM Holdings Corp)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors Selling Stockholders following discussions and armsarm’s-length negotiations with the Representatives Credit Suisse and the Company and the Guarantors are is capable of evaluating and understanding and understand understands and accept accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Underwriting Agreement (Deltek, Inc), Underwriting Agreement (Deltek, Inc)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and armsarm’s-length negotiations with the Representatives Representative and the Company and the Guarantors are is capable of evaluating and understanding and understand understands and accept accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Purchase Agreement (Enphase Energy, Inc.), Underwriting Agreement (Xenoport Inc)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors Partnership Entities following discussions and armsarm’s-length negotiations with the Representatives Representative and the Company and the Guarantors Partnership Entities are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 2 contracts

Samples: Purchase Agreement (Rattler Midstream Lp), Purchase Agreement (Viper Energy Partners LP)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives Purchaser and the Company and the Guarantors are is capable of evaluating and understanding and understand understands and accept accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Innophos Holdings, Inc.)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and armsarm’s-length negotiations with the Representatives Representative and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Underwriting Agreement (Valmont Industries Inc)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and armsarm’s-length negotiations with the Representatives and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Underwriting Agreement (Valmont Industries Inc)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors Partnership following discussions and arms-length negotiations with the Representatives and of the Company and the Guarantors are Partnership is capable of evaluating and understanding and understand understands and accept accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Underwriting Agreement (Energy Transfer Equity, L.P.)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives Representative, and the Company and the Guarantors are capable of evaluating and understanding understanding, and understand and accept accept, the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Renewable Energy Group, Inc.)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company Issuers and the Guarantors following discussions and arms-length negotiations with the Representatives Representative and the Company Issuers and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (CVR Partners, Lp)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors Guarantor following discussions and arms-length negotiations with the Representatives Representatives, and the Company and the Guarantors Guarantor are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Rayonier Inc)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors Partnership Entities following discussions and armsxxx’s-length negotiations with the Representatives Representative and the Company and the Guarantors Partnership Entities are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Viper Energy Partners LP)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives Purchasers and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Ducommun Inc /De/)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and Issuers, the Guarantors and Rexnord Corporation following discussions and armsarm’s-length negotiations with the Representatives Representative and the Company Issuers and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Rexnord Corp)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company Company, the Co-Issuers and the Guarantors following discussions and arms-length negotiations with the Representatives Purchasers and the Company Company, the Co-Issuers and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Harland Clarke Holdings Corp)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors Selling Stockholder following discussions and armsarm's-length negotiations with the Representatives and the Company and the Guarantors Selling Stockholder are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Underwriting Agreement (EnergySolutions, Inc.)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors Guarantor following discussions and arms-length negotiations with the Representatives Representative and the Company and the Guarantors Guarantor are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Rayonier Inc)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives Representative and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;.

Appears in 1 contract

Samples: Purchase Agreement (Lone Pine Resources Inc.)

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Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives Purchasers and the Company and the Guarantors are capable of evaluating and understanding and understand understands and accept accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Regal Entertainment Group)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and armsarm’s-length negotiations with the Representatives Purchaser and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Diamondback Energy, Inc.)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and armsarm’s-length negotiations with the Representatives Credit Suisse and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Travelport LTD)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company Issuer and the Guarantors following discussions and arms-length negotiations with the Representatives Representative, and the Company Issuer and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Tube City IMS CORP)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors Issuers following discussions and arms-length negotiations with the Representatives Initial Purchasers, and each of the Company and the Guarantors are Issuers is capable of evaluating and understanding and understand understands and accept accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Southern Natural Gas Co)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives Initial Purchaser and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Oil States International, Inc)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company Company, the Co-Issuers and the Guarantors following discussions and arms-length negotiations with the Representatives Purchaser and the Company Company, the Co-Issuers and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Harland Clarke Holdings Corp)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives and the Company and the Guarantors are is capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Harbinger Group Inc.)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and armsarm’s-length negotiations with the Representatives and the Company and the Guarantors are capable of evaluating and understanding and understand understands and accept accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Dollar Financial Corp)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors Partnership Parties following discussions and arms-length negotiations with the Representatives and the Company and the Guarantors Partnership Parties are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Chesapeake Midstream Partners Lp)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors Selling Shareholders following discussions and armsarm’s-length negotiations with the Representatives and each of the Company and the Guarantors are Selling Shareholders is capable of evaluating and understanding and understand understands and accept accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Underwriting Agreement (Nord Anglia Education, Inc.)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and arms-length negotiations with the Representatives Credit Suisse and the Company and the Guarantors are is capable of evaluating and understanding and understand understands and accept accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Rudolph Technologies Inc)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors Selling Stockholders following discussions and arms-length negotiations with the Representatives Credit Suisse and the Company and the Guarantors Selling Stockholders are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Synchronoss Technologies Inc

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company Issuers and the Guarantors following discussions and arms-length negotiations with the Representatives Purchaser and the Company Issuers and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Jones Energy, Inc.)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company Guarantor and the Guarantors Operating Partnership following discussions and arms-length negotiations with the Representatives Purchaser and the Company Guarantor, the Operating Partnership and the Guarantors Advisor are capable of evaluating and understanding and understand understands and accept accepts the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (ZAIS Financial Corp.)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company and the Guarantors following discussions and armsarm’s-length negotiations with the Representatives Representative, and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Kodiak Oil & Gas Corp)

Arms’ Length Negotiations. The purchase price of the Offered Securities set forth in this Agreement was established by the Company Issuers and the Guarantors following discussions and arms-length negotiations with the Representatives Representative and the Company Issuers and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;Agreement;

Appears in 1 contract

Samples: Purchase Agreement

Arms’ Length Negotiations. The purchase price prices of the Offered Securities set forth in this Agreement was were established by the Company and the Guarantors following discussions and armsarm’s-length negotiations with the Representatives Initial Purchasers and the Company and the Guarantors are capable of evaluating and understanding and understand and accept the terms, risks and conditions of the transactions contemplated by this Agreement;

Appears in 1 contract

Samples: Purchase Agreement (Chemours Co)

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