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
Sources: Note Purchase Agreement (Smithfield Foods Inc), Amendment Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods 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 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
Sources: Note Purchase Agreement (Western Gas Resources Inc), Note Purchase Agreement (Hudson Foods Inc), Note Purchase Agreement (Birmingham Steel 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 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
Sources: Note Agreement (World Almanac Education Group Inc), Note Agreement (Suprema Specialties Inc), Note Agreement (Fresh America 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
Sources: Note and Warrant Purchase Agreement (U S Aggregates Inc), Note Purchase Agreement (Seaboard Corp /De/), Note Purchase Agreement (Omniquip International 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
Sources: Note Purchase Agreement (Minerals Technologies Inc), Note Purchase Agreement (Interstate Johnson Lane Inc), Note Purchase Agreement (Selective Insurance 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 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
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
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
Sources: Senior Subordinated Note and Warrant Purchase Agreement (Hutchinson Products Corp)