Common use of Purchase and Delivery Clause in Contracts

Purchase and Delivery. The Company hereby agrees to sell to the Placement Agent, and the Placement Agent, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agrees to purchase from the Company 155,000 Units at a purchase price of $965 per Unit, for an aggregate purchase price of $149,575,000. Payment for the Units shall be made against delivery of the Units at a closing (the "Closing") to be held at the office of Shearman & Sterling, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, at 10:00 A.M., local time, on July 1, 1997, or at such other time on the same or such other date, not later than July 12, 1997, as shall be designated in writing by the Placement Agent. The time and date of such payment are herein referred to as the Closing Date. Payment for the Units shall be made by wire transfer payable to the order of the Company in federal or other funds immediately available in New York City. Certificates for the Notes and the Warrants shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than one full business day prior to the Closing Date. The certificates evidencing the Notes and the Warrants shall be delivered to you on the Closing Date for the account of the Placement Agent, with any transfer taxes payable in connection with the transfer of the Units, the Notes or the Warrants to the Placement Agent duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company hereby agrees to sell to the several Placement AgentAgents, and the Placement AgentAgents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agrees agree, severally and not jointly, to purchase from the Company 155,000 Units the respective principal amount of Notes set forth in Schedule I hereto opposite their names at a purchase price of $965 per Unit97.054% of the principal amount thereof plus accrued interest, for an aggregate purchase price if any, from December 22, 1998 to the date of $149,575,000payment and delivery. Payment for the Units Notes shall be made against delivery of the Units Notes at a closing (the "Closing") to be held at the office of Shearman & Sterling, 000 599 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, at 10:00 A.M.xx 9:00 a.m., local New York City time, on July 1December 22, 19971998, or at such other time on the same or such other date, not later than July 12December 29, 19971998, as shall be designated in writing by the Placement Agentyou. The time and date of such payment are herein referred to as the Closing Date. Payment for the Units Notes shall be made by wire transfer payable to an account previously designated to the order of Placement Agents by the Company in federal or other funds immediately available in New York Cityfunds. Certificates for the Notes and the Warrants shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than one full business day prior to the Closing Date. The certificates evidencing the Notes and the Warrants shall be delivered to you on the Closing Date for the account respective accounts of the several Placement AgentAgents, with any transfer taxes payable in connection with the transfer of the Units, the Notes or the Warrants to the Placement Agent Agents duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company hereby agrees to sell to the --------------------- several Placement AgentAgents, and the Placement AgentAgents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agrees agree, severally and not jointly, to purchase from the Company 155,000 Units the respective principal amount of Notes set forth in Schedule I hereto opposite their names at a purchase price of $965 per Unit97.50% of the principal amount thereof plus accrued interest, for an aggregate purchase price if any, from November 5, 1998 to the date of $149,575,000payment and delivery. Payment for the Units Notes shall be made against delivery of the Units Notes at a closing (the "Closing") to be held at the office of Shearman & Sterling, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, at 10:00 9:00 A.M., local time, on July 1November 5, 19971998, or at such other time on the same or such other date, not later than July 12November 19, 19971998, as shall be designated in writing by the Placement Agentyou. The time and date of such payment are herein referred to as the Closing Date. Payment for the Units Notes shall be made by wire transfer payable to the order of the Company in federal funds or other funds immediately available in New York City. Certificates for the Notes and the Warrants shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than one full business day prior to the Closing Date. The certificates evidencing the Notes and the Warrants shall be delivered to you on the Closing Date for the account respective accounts of the several Placement AgentAgents, with any transfer taxes payable in connection with the transfer of the Units, the Notes or the Warrants to the Placement Agent Agents duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company hereby agrees to sell to the Placement Agentyou, and the Placement Agentand, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agrees you agree to purchase purchase, from the Company 155,000 Company, Units at a purchase price of $965 684.61 per UnitUnit plus accrued interest on the Notes, for an aggregate purchase price if any, from July 12, 1999 to the date of $149,575,000payment and delivery. Payment for the Units shall be made against delivery of the Units at a closing (the "Closing") to be held at the office of Shearman & Sterling, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, at 10:00 9:00 A.M., local time, on July 112, 19971999, or at such other time on the same or such other date, not later than July 1219, 19971999, as shall be designated in writing by the Placement Agentyou. The time and date of such payment are herein referred to as the Closing Date. , Payment for the Units shall be made by wire transfer payable to the order of the Company in federal funds or other funds immediately available in New York City. Certificates for the Units, the Notes and the Warrants Preferred Stock shall be in global or definitive form and registered in such names and in such denominations as you shall request in writing not less than than, one full business day prior to the Closing Date. The certificates evidencing the Units, the Notes and the Warrants Preferred Stock shall be delivered to you on the Closing Date for the account of the Placement Agentyour account, with any transfer taxes payable in connection with the transfer of the Units, the Notes or the Warrants Preferred Stock to the Placement Agent you duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company hereby agrees to sell to the several Placement AgentAgents, and the Placement AgentAgents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agrees agree, severally and not jointly, to purchase from the Company 155,000 Units the respective principal amount of Notes set forth in Schedule I hereto opposite their names at a purchase price of $965 per Unit97% of the principal amount thereof plus accrued interest, for an aggregate purchase price if any, from July 30, 1996 to the date of $149,575,000payment and delivery. Payment for the Units Notes shall be made against delivery of the Units Notes at a closing (the "Closing") to be held at the office of Shearman & Sterling, 000 599 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, at xx 10:00 A.M., local time, on July 130, 19971996, or at such other time on the same or such other date, not later than July 12August 9, 19971996, as shall be designated in writing by the Placement Agentyou. The time and date of such payment are herein referred to as the Closing Date. Payment for the Units Notes shall be made by wire transfer payable transfer, to the order of accounts specified by the Company in federal or other funds writing, in immediately available in New York Cityfunds. 9 8 Certificates for the Notes and the Warrants shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than one two full business day days prior to the Closing Date. The certificates evidencing the Notes and the Warrants shall be delivered to you on the Closing Date for the account of the Placement AgentDate, with any transfer taxes payable in connection with the transfer of the Units, the Notes or the Warrants to the Placement Agent Agents duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company hereby agrees to sell to the several Placement AgentAgents, and the Placement AgentAgents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agrees agree, severally and not jointly, to purchase from the Company 155,000 the number of Units set forth in Schedule I hereto opposite their names at a purchase price of $965 508.43 per UnitUnit plus accrued amortization of original issue discount on the Notes, for an aggregate purchase price if any, from March 6, 1997 to the date of $149,575,000payment and delivery. Payment for the Units shall be made against delivery of the Units at a closing (the "Closing") to be held at the office of Shearman & Sterling, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, at 10:00 9:00 A.M., local time, on July 1March 6, 1997, or at such other time on the same or such other date, not later than July 12March 20, 1997, as shall be designated in writing by the Placement Agentyou. The time and date of such payment are herein referred to as the Closing Date. Payment for the Units shall be made by wire transfer payable to the order of the Company in federal funds or other funds immediately available in New York City. Certificates for the Units, the Notes and the Warrants shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than one full business day prior to the Closing Date. The certificates evidencing the Units, the Notes and the Warrants shall be delivered to you on the Closing Date for the account respective accounts of the several Placement AgentAgents, with any transfer taxes payable in connection with the transfer of the Units, the Notes or the Warrants to the Placement Agent Agents duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company hereby agrees to sell to the --------------------- several Placement AgentAgents, and the Placement AgentAgents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agrees agree, severally and not jointly, to purchase from the Company 155,000 Units the respective principal amount of Notes set forth in Schedule I hereto opposite their names at a purchase price of $965 per Unit97.4025% of the principal amount thereof plus accrued interest, for an aggregate purchase price if any, from March 3, 1998 to the date of $149,575,000payment and delivery. Payment for the Units Notes shall be made against delivery of the Units Notes at a closing (the "Closing") to be held at the office of Shearman & Sterling, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, at 10:00 9:00 A.M., local time, on July 1March 3, 19971998, or at such other time on the same or such other date, not later than July 12March 17, 19971998, as shall be designated in writing by the Placement Agentyou. The time and date of such payment are herein referred to as the Closing Date. Payment for the Units Notes shall be made by wire transfer payable to the order of the Company in federal funds or other funds immediately available in New York City. Certificates for the Notes and the Warrants shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than one full business day prior to the Closing Date. The certificates evidencing the Notes and the Warrants shall be delivered to you on the Closing Date for the account respective accounts of the several Placement AgentAgents, with any transfer taxes payable in connection with the transfer of the Units, the Notes or the Warrants to the Placement Agent Agents duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company Company, upon the basis of the representations and warranties of the Placement Agents herein contained, hereby agrees to sell to the Placement AgentAgents, and the Placement AgentAgents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agrees agree, severally and not jointly, to purchase from the Company 155,000 Units the respective principal amount of Notes set forth in Schedule I hereto opposite their names at a purchase price of $965 per Unit97.25% of the principal amount thereof plus accrued interest, for an aggregate purchase price if any, from September 22, 1997 to the date of $149,575,000payment and delivery. Payment for the Units Notes shall be made against delivery of the Units Notes at a closing (the "Closing") to be held at the office of Shearman & Sterling, 000 Xxxxxxxxx Xxxxxx599 Lexington Avenue, Xxx New York, Nxx Xxxx, Xxx Xxxxxx 0:00 X.X., at 10:00 A.M.xxxxx xxxx, local time, on July 1xx Xxptember 22, 1997, or at such other time on the same or such other date, not later than July 12October 6, 1997, as shall be designated in writing by the Placement Agentyou. The time and date of such payment are herein referred to as the Closing Date. Payment for the Units Notes shall be made by wire transfer payable to the order of Company (which will immediately deposit such proceeds with the Company Trustee pursuant to the Pledge Agreement) in federal funds or other funds immediately available in New York City. Certificates for the Notes and the Warrants shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than one full business day prior to the Closing Date. The certificates evidencing the Notes and the Warrants shall be delivered to you on the Closing Date for the account respective accounts of the Placement AgentAgents, with any transfer taxes payable in connection with the transfer of the Units, the Notes or the Warrants to the Placement Agent Agents duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company Issuers hereby agrees agree to sell to the several Placement AgentAgents, and the Placement AgentAgents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agrees agree, severally and not jointly, to purchase from the Company 155,000 Issuers the number of Units set forth in Schedule II hereto opposite their names at a purchase price of $965 970.00 per Unit, for an aggregate purchase price of $149,575,000. Payment for the Units shall be made against delivery of the Units at a closing (the "Closing") to be held at the office offices of Shearman & Sterling, 000 Xxxxxxxxx Xxxxxx, Xxx Xxxx, Xxx Xxxx, at 10:00 A.M., local time, on July 1October 3, 19971996, or at such other time on the same or such other date, not later than July 12October 15, 19971996, as shall be designated in writing by you (the Placement Agent. The time and date of such payment are herein referred to as the "Closing Date"). Payment for the Units shall be made by wire transfer payable to the order Note Issuer for itself (with respect to the Notes) and on behalf of Holdings (with respect to the Company Warrants) in federal Federal or other funds immediately available in New York City. Certificates for the Global Notes (as defined in the Memorandum) shall be in bearer form and in such denominations as you shall request in writing not less than one full business day prior to the Closing Date. Certificates for the Global Warrants (as defined in the Memorandum) shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than one full business day prior to the Closing Date. The certificates evidencing the Notes and the Warrants shall be delivered to you on the Closing Date for the account of the Placement Agentas you shall request, with any transfer taxes payable in connection with the transfer of the Units, the Notes or the Warrants to the Placement Agent duly paid, against payment of the purchase price therefor.