SALE AND PURCHASE OF DEBENTURES Sample Clauses

SALE AND PURCHASE OF DEBENTURES. (a) Subject to the terms and conditions of this Agreement, the Company shall sell to the Lender the Debentures.
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SALE AND PURCHASE OF DEBENTURES. (a) Subject to the terms and conditions of this Agreement, the Company shall sell to the Lenders the Debentures and Common Stock Warrants. The forms of the Debenture and the Common Stock Warrant are included in the Memorandum. The Company will execute each Debenture and Common Stock Warrant.
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SALE AND PURCHASE OF DEBENTURES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to each Purchaser, and each Purchaser will severally purchase from the Company, at the Closing, Debentures in the respective amounts as set forth in Schedule 2 at a purchase price of 100% of the principal amount thereof. In connection with the Transactions, the Company shall pay to the Persons designated by Apollo Management IV, L.P. ("Apollo Management") a closing ----------------- fee equal to 1% of the aggregate principal amount of Debentures purchased by the Purchasers (the "Closing Fee"). -----------
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SALE AND PURCHASE OF DEBENTURES. 2.1. Subject to the terms and conditions of this Agreement, the Company will issue and sell to Charterhouse, and Charterhouse will purchase from the Company, at the First Closing (as defined in Section 4.1), an aggregate of $43,500,000 in principal amount of the Debentures at 100% of the principal amount thereof.
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SALE AND PURCHASE OF DEBENTURES. 2.1 Authorization and Issuance of Debentures. Obligor has duly authorized the issuance, sale and delivery of Debentures in the aggregate principal amount of $5,000,000 having the terms set forth herein and in the certificate evidencing the Debentures. The Debentures shall bear simple interest (computed on the basis of a 360-day year and actual days elapsed) from the date of issuance thereof at the Imputed Rate, payable annually in arrears, and, so long as any Default or Event of Default has occurred and is continuing, shall bear interest (so computed) at the Default Rate (compounded annually), on the unpaid balance thereof, including any overdue principal or interest, if any, and, to the extent permitted by applicable law, on any overdue interest, until the same shall be paid, to mature on June 11, 2003 (the "Maturity Date").
Sample 1
SALE AND PURCHASE OF DEBENTURES. At the initial Closing, on the terms and subject to the conditions and in reliance on the representations and warranties contained in this Agreement, or made pursuant to this Agreement, the Company shall issue, sell and deliver to each Purchaser and such Purchaser's designees, and each Purchaser, severally and not jointly, will purchase from the Company, the Debentures for the purchase prices set forth opposite such Purchaser's name on Exhibit B. Such purchase price may be paid in a combination of cash payments and the exchange of Bridge Notes plus accrued and unpaid interest, in each case as specified on Exhibit B.
Sample 1
SALE AND PURCHASE OF DEBENTURES. (a) Subject to the terms and conditions of this Agreement, the Company shall sell to the Lenders a minimum of $2,000,000 and a maximum of $6,000,000 of Debentures. The form of the Debenture is included in the Memorandum. The Company will execute each Debenture.
Sample 1
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SALE AND PURCHASE OF DEBENTURES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to you, and you will purchase from the Company, at the Closing provided for in Section 3, $55,000,000 aggregate principal amount of Convertible Debentures at the purchase price of 100% of the principal amount thereof. Contemporaneously with entering into this Agreement, the Company is entering into a separate purchase agreement substantially similar to this Agreement except for differences which have been notified to and approved by you (the "OTHER PURCHASE AGREEMENT") with Apollo Investment Fund IV, L.P. and Apollo Overseas Partners IV, L.P. as represented by Apollo Management IV, L.P. (collectively, "APOLLO") providing for the sale to and purchase by Apollo of $100,000,000 aggregate principal amount of another series of the Company's debentures at the Closing. Your obligations hereunder and the obligations of Apollo under the Other Purchase Agreement are several and not joint agreements and you shall have no obligation under the Other Purchase Agreement and no liability to any Person for the performance or non-performance by Apollo thereunder.
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SALE AND PURCHASE OF DEBENTURES 
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Related to SALE AND PURCHASE OF DEBENTURES

  • SALE AND PURCHASE OF NOTES Subject to the terms and conditions of this Agreement, the Company will issue and sell to each Purchaser and each Purchaser will purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount specified opposite such Purchaser’s name in Schedule A at the purchase price of 100% of the principal amount thereof. The Purchasers’ obligations hereunder are several and not joint obligations and no Purchaser shall have any liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder.

  • Sale and Purchase of the Notes Subject to the terms and conditions of this Agreement, at the Closing the Company shall issue and sell to the Purchaser, and the Purchaser shall purchase and acquire from the Company, the Notes for a purchase price equal to the principal amount of the Notes purchased (the “Purchase Price”).

  • Purchase of Debentures and Warrants On the Closing Date (as defined below), the Company shall issue and sell to each Buyer and each Buyer severally agrees to purchase from the Company such principal amount of Debentures and number of Warrants as is set forth immediately below such Buyer's name on the signature pages hereto.

  • Purchase of Convertible Debentures Subject to the satisfaction (or waiver) of the terms and conditions of this Agreement, each Buyer agrees, severally and not jointly, to purchase at each Closing and the Company agrees to sell and issue to each Buyer, severally and not jointly, at each Closing, Convertible Debentures in amounts corresponding with the Subscription Amount set forth opposite each Buyer’s name on Schedule I hereto.

  • Purchase of Notes and Warrants On the Closing Date, the Subscriber will purchase the Notes and Warrants as principal for its own account for investment only and not with a view toward, or for resale in connection with, the public sale or any distribution thereof.

  • Sale and Purchase of the Securities Upon the terms and subject to the conditions set forth in this Agreement and on the basis of the representations, warranties, covenants, agreements, undertakings and obligations contained herein, at the Closing (as defined in Section 2.1 hereof), Seller hereby agrees to sell to Purchaser, and Purchaser hereby agrees to purchase from Seller, the Securities, free and clear of any and all Liens (as defined in Section 8.11 hereof), for the consideration specified in this Article 1.

  • Sale and Purchase of the Shares On the basis of the representations, warranties and agreements contained in, and subject to the terms and conditions of, this Agreement:

  • Sale and Purchase of Shares Upon the terms and subject to the conditions contained herein, on the Closing Date the Seller shall sell, assign, transfer, convey and deliver to the Purchaser, and the Purchaser shall purchase from the Seller, all of the Shares.

  • Sale and Purchase of Securities Subject to the terms and conditions hereof, the Company agrees to sell, and Purchaser irrevocably subscribes for and agrees to purchase, the number of Units set forth on the signature page of this Agreement at a purchase price of $1.80

  • Issuance and Purchase of the Notes (a) Delivery of the Funding Agreement and the Guarantee to the Custodian, on behalf of the Indenture Trustee, pursuant to the Assignment or execution of the cross receipt contained in the Closing Instrument shall be confirmation of payment by the Trust for the Funding Agreement.

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