Common use of Commitment, Closing Date Clause in Contracts

Commitment, Closing Date. Subject to the terms and conditions hereof and on the basis of the representations and warranties hereinafter set forth, the Company agrees to issue and sell to each Purchaser, and such Purchaser agrees to purchase from the Company, Notes of the Series and in the principal amount set forth opposite such Purchaser's name on Schedule I hereto at a price equal to the principal amount thereof on 6 June 4, 1998 (the "Closing Date"); provided that the Closing Date may be postponed to such other date (but not more than ten days after the originally scheduled Closing Date) as shall mutually be agreed upon by the Company and the Purchasers scheduled to purchase the Notes on the Closing Date. Delivery of the Notes will be made at the offices of Chapxxx xxx Cutlxx, 001 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. Xx the Closing Date, the Company will deliver to each Purchaser the Notes of the Series to be purchased by such Purchaser in the form of a single Note (or such greater number of Notes in denominations of at least $500,000 as such Purchaser may request) dated the Closing Date and registered in such Purchaser's name (or in the name of such Purchaser's nominee), against delivery by such Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer via Fedwire of immediately available funds for the account of the Company to account number 3918973064 at Nations Bank, Bethesda, Maryland, (ABA #052-001-633).

Commitment, Closing Date. Subject to the terms and conditions hereof and on the basis of the representations and warranties hereinafter set forth, the Company agrees to issue and sell to each the Purchaser, and such the Purchaser agrees to purchase from the Company, Notes of the Series and in the principal amount set forth opposite such Purchaser's name on Schedule I hereto of $75,000,000.00 at a price (the "PURCHASE PRICE") equal to the principal amount thereof on 6 June 4thereof. The Company will deliver to the Purchaser the Notes to be purchased by the Purchaser in the form of a single Note (or such greater number of Notes in denominations of at least $500,000 as the Purchaser may request) dated the Closing Date and registered in the Purchaser's name (or in the name of the Purchaser's nominee), 1998 against delivery by the Purchaser to the Company or its order of an amount in cash equal to the Purchase Price by wire transfer via Fedwire of immediately available funds for the account of the Company to Account Number 3931000000 xx Bank of America, Bethesda, Maryland, (ABA #052-001-633). Such delivery and payment shall be made at the offices of Davix Xxxx & Xardxxxx, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, XX 00000 xx the date hereof (the "Closing DateCLOSING DATE"); provided that the Closing Date may be postponed to such other date (but not more than ten days after the originally scheduled Closing Date) as shall mutually be agreed upon by the Company and the Purchasers scheduled to purchase the Notes on the Closing DatePurchaser. Delivery of the Notes will be made at the offices of Chapxxx xxx Cutlxx, 001 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. Xx On the Closing Date, the Company will deliver pay, or cause to each Purchaser the Notes be paid, to Banc of America Securities LLC a placement fee in cash in an amount equal to 2.50% of the Series to be purchased Purchase Price by such Purchaser in the form of a single Note (or such greater number of Notes in denominations of at least $500,000 as such Purchaser may request) dated the Closing Date and registered in such Purchaser's name (or in the name of such Purchaser's nominee), against delivery by such Purchaser to the Company or its order wire transfer of immediately available funds in the amount to an account designated by Banc of the purchase price therefor by wire transfer via Fedwire of immediately available funds for the account of the Company to account number 3918973064 at Nations Bank, Bethesda, Maryland, (ABA #052-001-633)America Securities LLC.

Commitment, Closing Date. Subject to the terms and conditions hereof and on the basis of the representations and warranties hereinafter set forth, the Company agrees to issue and sell to each Purchaserthe Purchasers, and such each Purchaser agrees to purchase from the Company, Notes of the Series and in the principal amount set forth opposite such Purchaser's ’s name on Schedule I hereto at a price equal to the principal amount thereof on 6 June 4November 15, 1998 2004 (the "“Closing Date"”); provided that the Closing Date may be postponed to such other date (but not more than ten days after the originally scheduled Closing Date) as shall mutually be agreed upon by the Company and the Purchasers scheduled to purchase the Notes on the Closing Date. Delivery of the Notes will be made at the offices of Chapxxx xxx CutlxxXxxxxxx and Xxxxxx LLP, 001 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. Xx On the Closing Date, the Company will deliver to each Purchaser the Notes of the Series to be purchased by such Purchaser in the form of a single Note (or such greater number of Notes in denominations of at least $500,000 as such Purchaser may request) dated the Closing Date and registered in such Purchaser's ’s name (or in the name of such Purchaser's ’s nominee), against delivery by such Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer via Fedwire of immediately available funds for the account of the Company to account number 3918973064 Account Number 0000000000 at Nations BankBank of America, Bethesda, Maryland, (ABA #052026-001009-633593).

Commitment, Closing Date. Subject to the terms and conditions hereof and on the basis of the representations and warranties hereinafter set forth, the Company agrees to issue and sell to each the Purchaser, and such the Purchaser agrees to purchase from the Company, Notes of the Series and in the principal amount set forth opposite such the Purchaser's ’s name on Schedule I hereto at a price equal to the principal amount thereof on 6 June 4May 1, 1998 2006 (the "“Closing Date"”); provided that the Closing Date may be postponed to such other date (but not more than ten days after the originally scheduled Closing Date) as shall mutually be agreed upon by the Company and the Purchasers scheduled to purchase the Notes on the Closing DatePurchaser. Delivery of the Notes will be made at the offices of Chapxxx xxx CutlxxXxxxxxx and Xxxxxx LLP, 001 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. Xx On the Closing Date, the Company will deliver to each the Purchaser the Notes of the Series to be purchased by such the Purchaser in the form of a single Note (or such greater number of Notes in denominations of at least $500,000 as such the Purchaser may request) dated the Closing Date and registered in such the Purchaser's ’s name (or in the name of such the Purchaser's ’s nominee), against delivery by such the Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer via Fedwire of immediately available funds for the account of the Company to account number 3918973064 Account Number 0000000000 at Nations BankBank of America, Bethesda, Maryland, (ABA #052026-001009-633593).

Commitment, Closing Date. Subject to the terms and conditions hereof and on the basis of the representations and warranties hereinafter set forth, the Company agrees to issue and sell to each Purchaser, and such Purchaser agrees to purchase from the Company, Notes of the Series and in the principal amount set forth opposite such Purchaser's name on Schedule I hereto at a price equal to the principal amount thereof on 6 June 4November 15, 1998 1999 (the "Closing Date"); provided that the Closing Date may be postponed to such other date (but not more than ten days after the originally scheduled Closing Date) as shall mutually be agreed upon by the Company and the Purchasers scheduled to purchase the Notes on the Closing Date. Delivery of the Notes will be made at the offices of Chapxxx xxx Cutlxx, 001 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. Xx the Closing Date, the Company will deliver to each Purchaser the Notes of the Series to be purchased by such Purchaser in the form of a single Note (or such greater number of Notes in denominations of at least $500,000 as such Purchaser may request) dated the Closing Date and registered in such Purchaser's name (or in the name of such Purchaser's nominee), against delivery by such Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer via Fedwire of immediately available funds for the account of the Company to account number Account Number 3918973064 at Nations BankBank of America, Bethesda, Maryland, (ABA #052-001-633).

Commitment, Closing Date. Subject to the terms and conditions hereof and on the basis of the representations and warranties hereinafter set forth, the Company agrees to issue and sell to each Purchaser, and such Purchaser agrees to purchase from the Company, Notes of the Series and in the principal amount set forth opposite such Purchaser's name on Schedule I hereto at a price equal to the principal amount thereof on 6 June 4May 5, 1998 1999 (the "Closing Date"); provided that the Closing Date may be postponed to such other date (but not more than ten days after the originally scheduled Closing Date) as shall mutually be agreed upon by the Allied Capital Corporation Note Agreement Company and the Purchasers scheduled to purchase the Notes on the Closing Date. Delivery of the Notes will be made at the offices of Chapxxx xxx Cutlxx, 001 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. Xx Xn the Closing Date, the Company will deliver to each Purchaser the Notes of the Series to be purchased by such Purchaser in the form of a single Note (or such greater number of Notes in denominations of at least $500,000 as such Purchaser may request) dated the Closing Date and registered in such Purchaser's name (or in the name of such Purchaser's nominee), against delivery by such Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer via Fedwire of immediately available funds for the account of the Company to account number Account Number 3918973064 at Nations Bank, Bethesda, Maryland, (ABA #052-001-633).

Commitment, Closing Date. Subject to the terms and conditions hereof and on the basis of the representations and warranties hereinafter set forth, the Company agrees to issue and sell to each Purchaseryou, and such Purchaser agrees you agree to purchase from the Company, Notes of the Series and Company in the aggregate principal amount set forth opposite such Purchaser's your name on in Schedule I hereto at a price equal and the Notes shall be paid for by delivery to the Company of an equal principal amount thereof of Old Notes which bear the same interest rate (to but not including October 1, 1998) as the Notes being purchased on 6 June 4, 1998 (the "Closing Date")Date hereinafter mentioned; provided that the Closing Date may be postponed to such other date (but not more than ten days after the originally scheduled Closing Date) as shall mutually be agreed upon by the Company and the Purchasers scheduled to purchase Old Notes surrendered in exchange for the Notes on will be canceled with no interest due thereon. The exchange of the Closing Date. Delivery of Old Notes for the Notes will be made at the offices of Chapxxx xxx CutlxxXxxxxxx and Xxxxxx, 001 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000, subject to satisfaction of the conditions precedent set forth in ss.4 hereof (the "Closing Conditions"), on February 18, 1997 or, in the event that all Closing Conditions have not been satisfied as of February 18, 1997, such later date on or prior to February 28, 1997 as of which all such Closing Conditions have been satisfied (such date or such later date is herein referred to as the "Closing Date"). Xx The Notes delivered to you on the Closing Date, the Company Date will deliver be delivered to each Purchaser the Notes of the Series to be purchased by such Purchaser you in the form of a single registered Note for the full amount of your purchase (or such greater number of Notes in unless different denominations of at least $500,000 as such Purchaser may request) dated the Closing Date are Petroleum Heat and Power Co., Inc. Note Agreement specified by you), registered in such Purchaser's your name (or in the name of such Purchaser's nominee)nominee as you may specify and in substantially the form attached hereto as Exhibit A, against delivery by such Purchaser all as you may specify at any time prior to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer via Fedwire of immediately available funds date fixed for the account of the Company to account number 3918973064 at Nations Bank, Bethesda, Maryland, (ABA #052-001-633)delivery.

Commitment, Closing Date. Subject to the terms and conditions hereof and on the basis of the representations and warranties hereinafter set forth, the Company agrees to issue and sell to each Purchaserthe Purchasers, and such each Purchaser agrees to purchase from the Company, Notes of the Series and in the principal amount set forth opposite such Purchaser's ’s name on Schedule I hereto at a price equal to the principal amount thereof on 6 June 4October 13, 1998 2005 (the "“Closing Date"”); provided that the Closing Date may be postponed to such other date (but not more than ten days after the originally scheduled Closing Date) as shall mutually be agreed upon by the Company and the Purchasers scheduled to purchase the Notes on the Closing Date. Delivery of the Notes will be made at the offices of Chapxxx xxx CutlxxXxxxxxx and Xxxxxx LLP, 001 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. Xx On the Closing Date, the Company will deliver to each Purchaser the Notes of the Series to be purchased by such Purchaser in the form of a single Note for each applicable Series (or such greater number of Notes in denominations of at least $500,000 as such Purchaser may request) dated the Closing Date and registered in such Purchaser's ’s name (or in the name of such Purchaser's ’s nominee), against delivery by such Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer via Fedwire of immediately available funds for the account of the Company to account number 3918973064 Account Number 0000000000 at Nations BankBank of America, Bethesda, Maryland, (ABA #052026-001009-633593).

Commitment, Closing Date. Subject to the terms and conditions hereof and on the basis of the representations and warranties hereinafter set forth, the Company agrees to issue and sell to each Purchaserthe Purchasers, and such each Purchaser agrees to purchase from the Company, Notes of the Series and in the principal amount set forth opposite such Purchaser's ’s name on Schedule I hereto at a price equal to the principal amount thereof on 6 June 4March 25, 1998 2004 (the "“Closing Date"”); provided that the Closing Date may be postponed to such other date (but not more than ten days after the originally scheduled Closing Date) as shall mutually be agreed upon by the Company and the Purchasers scheduled to purchase the Notes on the Closing Date. Delivery of the Notes will be made at the offices of Chapxxx xxx CutlxxBxxxxxx MxXxxxxxx LLP, 001 Xxxx Xxxxxx Oxx Xxxxx Xxxxxx, XxxxxxxXxxxxxxx, Xxxxxxxx XX 00000. Xx On the Closing Date, the Company will deliver to each Purchaser the Notes of the Series to be purchased by such Purchaser in the form of a single Note (or such greater number of Notes in denominations of at least $500,000 €1,000,000 in the case of the Euro Series Notes or £1,000,000 in the case of the Sterling Series Notes as such Purchaser may request) dated the Closing Date and registered in such Purchaser's ’s name (or in the name of such Purchaser's ’s nominee), against delivery by such Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer via Fedwire of immediately available funds for the account of the Company to account number 3918973064 at Nations Bank, Bethesda, Maryland, (ABA #052-001-633)the accounts designated in writing by the Company to the Purchasers prior to the Closing Date.

Commitment, Closing Date. Subject to the terms and conditions hereof and on the basis of the representations and warranties hereinafter set forth, the Company agrees to issue and sell to each Purchaserthe Purchasers, and such each Purchaser agrees to purchase from the Company, Series 2008 Notes of the Series and in the principal amount set forth opposite such Purchaser's ’s name on Schedule I hereto at a price equal to the principal amount thereof on 6 June 420, 1998 2008 (the "“Closing Date"”); provided that the Closing Date may be postponed to such other date (but not more than ten days after the originally scheduled Closing Date) as shall mutually be agreed upon by the Company and the Purchasers scheduled to purchase the Series 2008 Notes on the Closing Date. Delivery of the Series 2008 Notes will be made at the offices of Chapxxx xxx CutlxxXxxxxxx and Xxxxxx LLP, 001 000 Xxxx Xxxxxx Xxxxxx, Xxxxxxx, Xxxxxxxx 00000. Xx On the Closing Date, the Company will deliver to each Purchaser the Notes of the Series to be purchased by such Purchaser in the form of a single Note for each applicable Series (or such greater number of Notes in denominations of at least $500,000 as such Purchaser may request) dated the Closing Date and registered in such Purchaser's ’s name (or in the name of such Purchaser's ’s nominee), against delivery by such Purchaser to the Company or its order of immediately available funds in the amount of the purchase price therefor by wire transfer via Fedwire of immediately available funds for the account of the Company pursuant to account number 3918973064 wire instructions provided to the Purchasers prior to the execution and delivery thereof. If, on the Closing Date, the Company shall fail to tender such Series 2008 Notes to any Purchaser as provided above in this §1.4, or any of the conditions specified in §4 shall not have been fulfilled to any Purchaser’s satisfaction, such Purchaser shall, at Nations Banksuch Purchaser’s election, Bethesdabe relieved of all further obligations under this Agreement, Maryland, (ABA #052-001-633)without thereby waiving any rights such Purchaser may have by reason of such failure or such nonfulfillment.