Common use of Purchase, Sale and Delivery of the Notes Clause in Contracts

Purchase, Sale and Delivery of the Notes. (a) The Company agrees to issue and sell to the several Initial Purchasers, all of the Notes, and subject to the conditions set forth herein and on the basis of the representations, warranties, terms and agreements herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company the aggregate principal amount of the Notes set forth opposite their names on Schedule A, at a purchase price of 98.75% of the principal amount thereof payable on the Closing Date.

Appears in 2 contracts

Samples: Purchase Agreement (Molina Healthcare, Inc.), Purchase Agreement (Molina Healthcare, Inc.)

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Purchase, Sale and Delivery of the Notes. (a) The Firm Notes. The Company agrees to issue and sell to the several Initial Purchasers, all of Purchasers the Notes, and subject to Firm Notes upon the conditions terms herein set forth herein and on forth. On the basis of the representations, warranties, terms warranties and agreements hereinherein contained, and upon the terms but subject to the conditions herein set forth, the Initial Purchasers agree, severally and not jointly, to purchase from the Company the aggregate respective principal amount of the Firm Notes set forth opposite their names on Schedule A, A at a purchase price of 98.7597% of the aggregate principal amount thereof payable on the Closing Datethereof.

Appears in 2 contracts

Samples: Purchase Agreement (Anthracite Capital Inc), Purchase Agreement (Polymedica Corp)

Purchase, Sale and Delivery of the Notes. (a) The Firm Notes. The Company agrees to issue and sell to the several Initial Purchasers, all of Purchasers the Notes, and subject to Firm Notes upon the conditions terms herein set forth herein and on forth. On the basis of the representations, warranties, terms warranties and agreements hereinherein contained, and upon the terms but subject to the conditions herein set forth, the Initial Purchasers agree, severally and not jointly, to purchase from the Company the aggregate respective principal amount of the Firm Notes set forth opposite their names on Schedule A, I at a purchase price of 98.7597% of the aggregate principal amount thereof payable on the Closing Datethereof.

Appears in 1 contract

Samples: Purchase Agreement (CapLease, Inc.)

Purchase, Sale and Delivery of the Notes. (a) The On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Initial Purchasers, all of and the NotesInitial Purchasers, and subject to the conditions set forth herein and on the basis of the representations, warranties, terms and agreements herein, the Initial Purchasers agreeSection 17 hereof, severally and not jointly, agree to purchase from the Company Company, at 97.375% of their principal amount, the respective aggregate principal amount amounts of the Firm Notes set forth opposite their names on Schedule A, at a purchase price of 98.75% of the principal amount thereof payable on the Closing Date1 hereto.

Appears in 1 contract

Samples: Purchase Agreement (Pharmaceutical Resources Inc)

Purchase, Sale and Delivery of the Notes. (a) The Firm Notes. On the basis of the representations, warranties and agreements herein contained, and upon the terms but subject to the conditions herein set forth, the Company agrees to issue and sell the Firm Notes to the several Initial Purchasers, all of the Notes, and subject to the conditions set forth herein and on the basis of the representations, warranties, terms and agreements herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company the aggregate respective principal amount of the Firm Notes set forth opposite their names on Schedule A, at a purchase price of 98.7577.494383% of the aggregate principal amount thereof payable on the Closing Datethereof.

Appears in 1 contract

Samples: Purchase Agreement (Bj Services Co)

Purchase, Sale and Delivery of the Notes. (a) The On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Initial Purchasers, all of the NotesPurchaser, and subject to the conditions set forth herein and on the basis of the representations, warranties, terms and agreements herein, the Initial Purchasers agree, severally and not jointly, Purchaser agrees to purchase from the Company Company, at a price equal to 96.000% of their principal amount, the aggregate principal amount of the Notes set forth opposite their names on Schedule A, at a purchase price of 98.75% of the principal amount thereof payable on the Closing DateII hereto.

Appears in 1 contract

Samples: Purchase Agreement (Applied Optoelectronics, Inc.)

Purchase, Sale and Delivery of the Notes. (a) The On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Initial Purchasers, all and each of the Notes, and subject to the conditions set forth herein and on the basis of the representations, warranties, terms and agreements herein, the Initial Purchasers agree, severally and not jointly, agrees to purchase from the Company Company, at a price equal to 96.00% of their principal amount, the respective aggregate principal amount of the Firm Notes set forth opposite their names on Schedule A, at a purchase price of 98.75% of the principal amount thereof payable on the Closing DateII hereto.

Appears in 1 contract

Samples: Purchase Agreement (Applied Optoelectronics, Inc.)

Purchase, Sale and Delivery of the Notes. (a) The On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Initial Purchasers, all of the Notes, and subject to the conditions set forth herein and on the basis of the representations, warranties, terms and agreements herein, the Initial Purchasers agreePurchasers, severally and not jointly, agree to purchase from the Company Company, at 97% of their principal amount, the respective aggregate principal amount amounts of the Firm Notes set forth opposite their names on Schedule A, at a purchase price of 98.75% of the principal amount thereof payable on the Closing Date1 hereto.

Appears in 1 contract

Samples: Purchase Agreement (Synaptics Inc)

Purchase, Sale and Delivery of the Notes. (a) The On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Initial Purchasers, all of the Notes, and subject to the conditions set forth herein and on the basis of the representations, warranties, terms and agreements herein, the Initial Purchasers agreePurchasers, acting severally and not jointly, agree to purchase the Notes in the respective amounts set forth in Schedule 1 attached hereto from the Company the aggregate principal amount of the Notes set forth opposite their names on Schedule A, at a purchase price of 98.7598.875% of the their principal amount thereof payable on the Closing Dateamount.

Appears in 1 contract

Samples: LGI Homes, Inc.

Purchase, Sale and Delivery of the Notes. (a) The On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Initial Purchasers, all of the NotesPurchaser, and subject to the conditions set forth herein and on the basis of the representations, warranties, terms and agreements herein, the Initial Purchasers agree, severally and not jointly, Purchaser agrees to purchase from the Company Company, at 97.0% of their principal amount, the respective aggregate principal amount of the Firm Notes set forth opposite their names on Schedule A, at a purchase price of 98.75% of the principal amount thereof payable on the Closing Date1 hereto.

Appears in 1 contract

Samples: Purchase Agreement (Curagen Corp)

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Purchase, Sale and Delivery of the Notes. (a) The Company agrees to issue and sell Subject to the several Initial Purchasers, all of the Notes, terms and subject to the conditions herein set forth herein and on the basis of the representations, warranties, terms covenants and agreements hereinherein contained, the Company agrees to sell to the several Initial Purchasers, and the Initial Purchasers agreeagree to purchase, severally and not jointly, to purchase from the Company Company, the aggregate principal amount of the Notes set forth opposite their such Initial Purchasers' names on in Schedule A, I hereto at a purchase price of 98.75equal to 95.108% of ---------- the principal amount thereof payable on the Closing Datethereof.

Appears in 1 contract

Samples: Purchase Agreement (Arch Communications Inc)

Purchase, Sale and Delivery of the Notes. (a) The Firm Notes. The Company agrees to issue and sell to the several Initial Purchasers, all of Purchasers the Notes, and subject to Firm Notes upon the conditions terms herein set forth herein and on forth. On the basis of the representations, warranties, terms warranties and agreements hereinherein contained, and upon the terms but subject to the conditions herein set forth, the Initial Purchasers agree, severally and not jointly, to purchase from the Company the aggregate respective principal amount of the Firm Notes set forth opposite their names on Schedule A, A at a purchase price of 98.7597.5% of the aggregate principal amount thereof payable on the Closing Datethereof.

Appears in 1 contract

Samples: Purchase Agreement (Quanta Services Inc)

Purchase, Sale and Delivery of the Notes. (a) The On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Initial Purchasers, all of the Notes, and subject to the conditions set forth herein and on the basis of the representations, warranties, terms and agreements herein, the Initial Purchasers agreePurchasers, acting severally and not jointly, agree to purchase the Firm Notes in the respective principal amounts set forth on Schedule I hereto from the Company the aggregate principal amount of the Notes set forth opposite their names on Schedule A, at a purchase price of 98.7597.625% of the their principal amount thereof payable on the Closing Dateamount.

Appears in 1 contract

Samples: Purchase Agreement (Gaylord Entertainment Co /De)

Purchase, Sale and Delivery of the Notes. (a) The On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the several Initial Purchasers, all of the NotesPurchaser, and subject to the conditions set forth herein and on the basis of the representations, warranties, terms and agreements herein, the Initial Purchasers agree, severally and not jointly, Purchaser agrees to purchase from the Company Company, at 100% of their principal amount plus accrued interest, if any, from July 26, 2005, the aggregate principal amount of the Firm Notes set forth opposite their names on Schedule A, at a purchase price of 98.75% of the principal amount thereof payable on the Closing Date1 hereto.

Appears in 1 contract

Samples: Purchase Agreement (Medis Technologies LTD)

Purchase, Sale and Delivery of the Notes. (a) The Company agrees to issue and sell to the several Initial Purchasers, all of the Notes, and subject to the conditions set forth herein and on the basis of the representations, warranties, terms and agreements herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company the aggregate principal amount of the Notes set forth opposite their names on Schedule A, at a purchase price of 98.7598.875 % of the principal amount thereof payable on the Closing Date.

Appears in 1 contract

Samples: Purchase Agreement (Molina Healthcare, Inc.)

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