Common use of Private Offering Clause in Contracts

Private Offering. The Company shall not, and shall not permit any Subsidiary or any Person acting on its behalf to, offer the Notes or any part thereof or any similar Securities for issuance or sale to, or solicit any offer to acquire any of the same from, any Person so as to bring the issuance and sale of the Notes within the provisions of section 5 of the Securities Act.

Appears in 12 contracts

Samples: Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc)

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Private Offering. The Company shall will not, and shall will not permit any Subsidiary or any Person acting on its behalf to, offer the Notes or any part thereof or any similar Securities for issuance or sale to, or solicit any offer to acquire any of the same from, any Person so as to bring the issuance and sale of the Notes within the provisions of section 5 of the Securities Act.

Appears in 10 contracts

Samples: Credit Acceptance Agreement (Credit Acceptance Corporation), Note Purchase Agreement (Credit Acceptance Corporation), Note Purchase Agreement (Cerplex Group Inc)

Private Offering. The Company shall will not, and shall will not permit any Subsidiary or any Person acting on its behalf to, offer the Notes or any part thereof or any similar Securities securities for issuance issue or sale to, or solicit any offer to acquire any of the same from, any Person so as to bring the issuance and sale of the Notes within the provisions of section 5 of the Securities Act.

Appears in 5 contracts

Samples: Note Agreement (Fresh America Corp), Note Agreement (Suprema Specialties Inc), Note Agreement (Pameco Corp)

Private Offering. The Company shall will not, and shall will not permit any Subsidiary or any Person acting on its behalf to, offer the Notes or any part thereof or any similar Securities for issuance issue or sale to, or solicit any offer to acquire any of the same from, any Person so as to bring the issuance and sale of the Notes within the provisions of section 5 of the Securities Act.

Appears in 4 contracts

Samples: Note Purchase Agreement (Omniquip International Inc), Note Purchase Agreement (Seaboard Corp /De/), Note and Warrant Purchase Agreement (U S Aggregates Inc)

Private Offering. The Company shall will not, and shall not nor will it permit any Subsidiary or any Person acting on its behalf to, offer the Notes or any part thereof or any similar Securities for issuance issue or sale to, or solicit any offer to acquire any of the same from, any Person so as to bring the issuance and sale of the Notes within the provisions of section 5 of the Securities Act.

Appears in 3 contracts

Samples: Note Purchase Agreement (Minerals Technologies Inc), Note Purchase Agreement (Interstate Johnson Lane Inc), Selective Insurance Group Inc

Private Offering. The Company shall will not, and shall not nor will it permit any Subsidiary or any Person acting on its behalf to, offer the Notes or any part thereof or any similar Securities for issuance issue or sale to, or solicit any offer to acquire any of the same from, any Person so as to bring the issuance and sale of the Notes within the provisions of section Section 5 of the Securities Act.

Appears in 1 contract

Samples: Note Agreement (Genencor International Inc)

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Private Offering. The Company shall will not, and shall not nor will it permit any Subsidiary or any Person acting on its behalf to, offer the Subordinated Notes or any part thereof or any similar Securities for issuance issue or sale to, or solicit any offer to acquire any of the same from, any Person so as to bring the issuance and sale of the Subordinated Notes within the provisions of section 5 of the Securities Act.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Hutchinson Products Corp)

Private Offering. The Company shall will not, and shall will not permit any Subsidiary or any Person acting on its behalf to, offer the Notes or any part thereof or any similar Securities securities for issuance or sale to, or solicit any offer to acquire any of the same from, any Person so as to bring the issuance and sale of the Notes within the provisions of section 5 of the Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (Ace Cash Express Inc/Tx)

Private Offering. The Company shall will not, and shall will not permit any Subsidiary or authorize any Person acting on its behalf to, offer the Notes or any part thereof or any similar Securities for issuance issue or sale to, or solicit any offer to acquire any of the same from, any Person so as to bring require registration of the issuance and sale of the Notes within the provisions of under section 5 of the Securities Act.

Appears in 1 contract

Samples: Credit Agreement (Transocean Offshore Inc)

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