Common use of Offering of Notes Clause in Contracts

Offering of Notes. None of the Company, or any Guarantor, or any agent acting on any of their behalf has, directly or indirectly, offered the Notes or any similar security of the Company or any Guarantor for sale to, or solicited any offers to buy the Notes or any similar security of the Company or any Guarantor from, or otherwise approached or negotiated with respect thereto with, any Person other than the Purchaser(s), and none of the Company or any Guarantor or any agent acting on any of their behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Offering of Notes. None of Neither the Company, or any Guarantor, or IT nor any agent acting on any of their behalf has, directly or indirectly, offered the Notes Notes, the Warrants or any similar security of the Company or any Guarantor for sale to, or solicited any offers to buy the Notes Notes, the Warrants or any similar security of the Company or any Guarantor IT from, or otherwise approached or negotiated with respect thereto with, any Person other than the Purchaser(s)accredited investors, and none of neither the Company or any Guarantor or Company, IT nor any agent acting on any of their behalf has taken or will take any action which would subject the issuance or sale of the Notes or the Warrants to the provisions of Section section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Offering of Notes. None Neither the Company nor any of the Company, or any Guarantor, or its respective Affiliates nor any agent acting on behalf of any of their behalf the foregoing has, directly or indirectly, offered the Notes or any part thereof or any similar security of the Company or any Guarantor for sale to, or solicited any offers to buy the Notes or any similar security of the Company or any Guarantor same from, or otherwise approached or negotiated with respect thereto with, any Person other than the Purchaser(s)Purchasers and not more than 40 other institutional investors, and none of neither the Company or any Guarantor or any agent nor anyone acting on any of their its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section section 5 of the Securities Act or to the provisions of any securities or Blue Sky law "blue sky" laws of any applicable jurisdiction.

Offering of Notes. None Neither the Company nor any of the Company, or any Guarantor, or its respective Affiliates nor any agent acting on behalf of any of their behalf the foregoing has, directly or indirectly, offered the Notes or any part thereof or any similar security of the Company or any Guarantor for sale to, or solicited any offers to buy the Notes or any similar security of the Company or any Guarantor same from, or otherwise approached or negotiated with respect thereto with, any Person other than the Purchaser(s)Purchasers and not more than 30 other institutional investors, and none of neither the Company or any Guarantor or any agent nor anyone acting on any of their its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section section 5 of the Securities Act or to the provisions of any securities or Blue Sky law "blue sky" laws of any applicable jurisdiction.

Offering of Notes. None of Neither the Company, or any Guarantor, or Company nor any agent acting on any of their its behalf has, directly or indirectly, offered the Notes or any similar security of the Company or any Guarantor for sale to, or solicited any offers to buy the Notes or any similar security of the Company or any Guarantor from, or otherwise approached or negotiated with respect thereto with, any Person other than Institutional Investors (including the Purchaser(sPurchaser, each of which has been offered the Notes in connection with a private sale for investment), and none of neither the Company or any Guarantor or nor any agent acting on any of their its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.