Common use of SALE AND PURCHASE OF NOTES Clause in Contracts

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.

Appears in 85 contracts

Samples: Note Purchase Agreement (Encore Capital Group Inc), Note Purchase Agreement (InfraREIT, Inc.), Note Purchase Agreement (Luxottica Group Spa)

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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 the Purchaser 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.

Appears in 19 contracts

Samples: Note Purchase Agreement (Littelfuse Inc /De), Note Purchase Agreement (Manchester United PLC), Note Purchase Agreement (Texas New Mexico Power Co)

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 B 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.

Appears in 14 contracts

Samples: Note Purchase Agreement (Barnes Group Inc), Note and Guaranty Agreement (Oaktree Capital Group, LLC), Note and Guaranty Agreement (Oaktree Capital Group, LLC)

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 respective series and 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.

Appears in 11 contracts

Samples: Note and Guarantee Agreement (Amcor PLC), Assumption Agreement (Agnico Eagle Mines LTD), Amcor Finance (Amcor PLC)

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 '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.

Appears in 9 contracts

Samples: Note Purchase Agreement (Marcus Corp), Note Purchase Agreement (Mine Safety Appliances Co), Note Purchase Agreement (Cleco Corp)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company Issuer will issue and sell to each Purchaser and each Purchaser will purchase from the CompanyIssuer, at the Closing provided for in Section 3, Notes in the principal amount and of the series specified opposite such Purchaser’s name in the Purchaser 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.

Appears in 8 contracts

Samples: Note and Guarantee Agreement (Sunstone Hotel Investors, Inc.), Note and Guaranty Agreement (First Industrial Lp), Note and Guarantee Agreement (Sunstone Hotel Investors, Inc.)

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, the 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 of each Purchaser hereunder are several and not joint obligations and no each Purchaser shall have any no obligation and no liability to any Person for the performance or non-performance of any obligation nonperformance by any other Purchaser hereunder.

Appears in 8 contracts

Samples: Dentsply International (Dentsply International Inc /De/), Note Purchase Agreement (Helen of Troy LTD), Note Purchase Agreement (Miller Herman Inc)

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 and of the series 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.

Appears in 7 contracts

Samples: Note Purchase Agreement (Obsidian Energy Ltd.), Note Purchase Agreement (Unitil Corp), Note Purchase Agreement (Questar Gas Co)

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 of the respective Series and 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.

Appears in 7 contracts

Samples: Note Purchase Agreement (Kayne Anderson MLP Investment CO), Agency Agreement (Kayne Anderson Energy Total Return Fund, Inc.), Agency Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.)

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’ Each Purchaser’s obligations hereunder are several and not joint obligations and no Purchaser shall have any obligation or liability to any Person for the performance or non-performance of any obligation nonperformance by any other Purchaser hereunder.

Appears in 6 contracts

Samples: Note Purchase Agreement (American Capital Strategies LTD), Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (American Capital Strategies LTD)

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 of the series and in the principal amount specified opposite such Purchaser’s name in the Purchaser 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.

Appears in 6 contracts

Samples: Note Purchase Agreement (Invitation Homes Inc.), Note Purchase Agreement (Epr Properties), Agreement (W. P. Carey Inc.)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to each Purchaser Purchaser, and each Purchaser will purchase from the Company, at the Closing provided for in Section 3, Notes of the series and 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 several, and not joint obligations 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.

Appears in 6 contracts

Samples: Agreement (Hawaiian Electric Industries Inc), Agreement (Hawaiian Electric Co Inc), Note Purchase and Guaranty Agreement (Hawaiian Electric Co Inc)

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 the Purchaser 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 non‑performance of any obligation by any other Purchaser hereunder.

Appears in 6 contracts

Samples: Subsidiary Guaranty Agreement (Paychex Inc), Subsidiary Guaranty Agreement (Paychex Inc), Note Purchase Agreement (Kilroy Realty, L.P.)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company Issuer will issue and sell to each Purchaser and each Purchaser will purchase from the CompanyIssuer, 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.

Appears in 5 contracts

Samples: Note Purchase Agreement (Luxfer Holdings PLC), Note Purchase Agreement (Luxfer Holdings PLC), Collateral Agency Agreement (Us Geothermal Inc)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to each Purchaser 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 several, and not joint obligations 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.

Appears in 5 contracts

Samples: Agreement (Hawaiian Electric Co Inc), Agreement (Hawaiian Electric Co Inc), Hawaiian Electric and Subsidiaries (Hawaiian Electric Co Inc)

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 on the Closing Date provided for in Section 3, the 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.

Appears in 4 contracts

Samples: Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement (Mettler Toledo International Inc/), Note Purchase Agreement (Mettler Toledo International Inc/)

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 of the series and 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.

Appears in 4 contracts

Samples: Note Purchase Agreement (RPT Realty), Note Purchase Agreement (RPT Realty), Note Purchase Agreement (RPT Realty)

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 and in the Series 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.

Appears in 4 contracts

Samples: Note Purchase Agreement (West Pharmaceutical Services Inc), Note Purchase Agreement, Note Purchase Agreement (Cabot Oil & Gas Corp)

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.

Appears in 4 contracts

Samples: Subordinated Note Purchase Agreement (International Textile Group Inc), Guaranty Agreement (Smucker J M Co), Note Purchase Agreement (Smucker J M Co)

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 below 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.

Appears in 3 contracts

Samples: Note Purchase Agreement (Ametek Inc/), Firstservice Corporation (Firstservice Corp), Firstservice Corporation (Firstservice Corp)

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 Closings provided for in Section 3, Notes in the principal amount and of the series and at the Closings specified opposite below 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.

Appears in 3 contracts

Samples: Ametek (Ametek Inc/), Note Purchase Agreement (Ametek Inc/), Note Purchase Agreement (Ametek Inc/)

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 's name in Schedule A at the purchase price of 100% of the principal amount thereof. The Purchasers’ obligations of each Purchaser hereunder are several and not joint obligations and no each Purchaser shall have any no obligation and no liability to any Person for the performance or non-performance of any obligation nonperformance by any other Purchaser hereunder.

Appears in 3 contracts

Samples: Subsidiary Guaranty Agreement (Granite Construction Inc), Note Purchase Agreement (Oil Dri Corporation of America), Note Purchase Agreement (Homeservices Com Inc)

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 Article 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.

Appears in 3 contracts

Samples: Note Purchase Agreement (Bloom Energy Corp), Note Purchase Agreement (Bloom Energy Corp), Note Purchase Agreement (Bloom Energy Corp)

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 of the series and 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’ Each Purchaser’s obligations hereunder are several and not joint obligations and no Purchaser shall have any obligation or liability to any Person for the performance or non-performance of any obligation nonperformance by any other Purchaser hereunder.

Appears in 3 contracts

Samples: Note Purchase Agreement (American Capital Strategies LTD), Note Purchase Agreement (American Capital Strategies LTD), Note Purchase Agreement (New Jersey Resources Corp)

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 of the series and 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’ Each Purchaser’s obligations hereunder are several and not joint obligations and no Purchaser shall have any obligation or liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder.

Appears in 3 contracts

Samples: Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp)

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 Closings provided for in Section 3, Notes in the principal amount amounts and series 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.

Appears in 3 contracts

Samples: Guaranty Agreement (Caseys General Stores Inc), Guaranty Agreement (Caseys General Stores Inc), Guaranty Agreement (Caseys General Stores Inc)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to each Purchaser Purchaser, and each Purchaser will purchase from the Company, at the Closing provided for in Section 3, one or more 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 nonperformance of any obligation by any other Purchaser hereunder.

Appears in 3 contracts

Samples: Note Purchase Agreement (ServisFirst Bancshares, Inc.), Note Purchase Agreement (Park National Corp /Oh/), ServisFirst Bancshares, Inc.

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to each Purchaser you and each Purchaser you will severally purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount specified opposite such Purchaser’s your name in Schedule A at the purchase price of 100% of the principal amount thereof. The Purchasers’ Your 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.

Appears in 3 contracts

Samples: Note Purchase Agreement (Uil Holdings Corp), Note Purchase Agreement (Uil Holdings Corp), Note Purchase Agreement (Uil Holdings Corp)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company Issuers will issue and sell to each Purchaser and each Purchaser will purchase from the CompanyIssuers, at the Closing provided for in Section 3, Notes in the principal amount and in the Series 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.

Appears in 3 contracts

Samples: Note Purchase Agreement (Curtiss Wright Corp), Note Purchase Agreement (Curtiss Wright Corp), Note Purchase Agreement (Curtiss Wright Corp)

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 and of the Series specified opposite such Purchaser’s name in Schedule A at the purchase price of 100% of the principal amount and of the Series thereof. The Purchasers’ obligations hereunder are several and not joint obligations 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.

Appears in 2 contracts

Samples: Note Purchase Agreement (Meredith Corp), Meredith Corp

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 and of the series 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. SECTION 3.

Appears in 2 contracts

Samples: Note Purchase Agreement (Eastgroup Properties Inc), Eastgroup Properties Inc

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 respective Closings provided for in Section 3, Notes of the respective Series and 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.

Appears in 2 contracts

Samples: Note Purchase Agreement (Kayne Anderson Energy Infrastructure Fund, Inc.), Note Purchase Agreement

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 and of the Series 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 obligations, and no Purchaser shall have any liability to any Person for the performance or non-performance non‑performance of any obligation by any other Purchaser hereunder.

Appears in 2 contracts

Samples: Note Purchase Agreement (South Jersey Industries Inc), Note Purchase Agreement (South Jersey Industries Inc)

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 and of the same series specified opposite such Purchaser’s name in Schedule A at the purchase price of 100% of the principal amount thereof. The Purchasers’ Each Purchaser’s obligations hereunder are several and not joint obligations and no Purchaser shall have any obligation or liability to any Person for the performance or non-performance of any obligation nonperformance by any other Purchaser hereunder.

Appears in 2 contracts

Samples: Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (New Jersey Resources Corp)

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 and of the Series specified opposite such Purchaser’s 's name in Schedule A at the purchase price of 100% of the principal amount and of the Series thereof. The Purchasers' obligations hereunder are several and not joint obligations 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.

Appears in 2 contracts

Samples: Note Purchase Agreement (Meredith Corp), Note Purchase Agreement (Meredith Corp)

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 the 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.

Appears in 2 contracts

Samples: Note Purchase Agreement (Tc Pipelines Lp), Note Purchase Agreement (Tc Pipelines Lp)

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 of the series and in the principal amount specified opposite such Purchaser’s name in Schedule A B 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.

Appears in 2 contracts

Samples: Note Purchase Agreement (Kite Realty Group, L.P.), Accession Agreement (Hudson Pacific Properties, L.P.)

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, Series 2015-1 Notes in the principal amount specified opposite such Purchaser’s name in Schedule A B 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.

Appears in 2 contracts

Samples: Note Purchase Agreement (National Health Investors Inc), Note Purchase Agreement (National Health Investors Inc)

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 's name in Schedule A at the purchase price of 100% of the principal amount thereof. The Purchasers’ Each Purchaser's obligations hereunder are several and not joint obligations and no Purchaser shall have any obligation or liability to any Person for the performance or non-performance of any obligation nonperformance by any other Purchaser hereunder.

Appears in 2 contracts

Samples: Note Purchase Agreement (New Jersey Resources Corp), Note Purchase Agreement (Odyssey Re Holdings Corp)

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 and in the Series specified opposite such Purchaser’s name in Schedule A B 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.

Appears in 2 contracts

Samples: Note Purchase Agreement (C. H. Robinson Worldwide, Inc.), Note Purchase Agreement (C H Robinson Worldwide Inc)

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 and of the Series specified opposite such Purchaser’s name in Schedule A B 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.

Appears in 2 contracts

Samples: Guaranty Agreement (Evercore Partners Inc.), Note Purchase Agreement (Evercore Inc.)

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.. UTi Worldwide Inc. Note Purchase Agreement

Appears in 2 contracts

Samples: Note Purchase Agreement (UTi WORLDWIDE INC), Note Purchase Agreement (UTi WORLDWIDE INC)

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

Appears in 2 contracts

Samples: Securities Purchase Agreement (Wilson Holdings, Inc.), Securities Purchase Agreement (Wilson Holdings, Inc.)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company Issuer will issue and sell to each Purchaser and each Purchaser will purchase from the CompanyIssuer, at the Closing provided for in Section 3, Notes in the principal amount specified opposite such Purchaser’s name in the Purchaser 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.

Appears in 2 contracts

Samples: Note and Guaranty Agreement (Americold Realty Trust), Note and Guaranty Agreement (First Industrial Lp)

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 on the Closing Funding Date 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.

Appears in 2 contracts

Samples: Otter Tail Corp, Otter Tail Corp

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company Issuer will issue and sell to each Purchaser and each Purchaser will purchase from the CompanyIssuer, at on the Closing Funding Date 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’ Each Purchaser’s 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.

Appears in 2 contracts

Samples: Subsidiary Guaranty Agreement (Brandywine Operating Partnership Lp /Pa), Subsidiary Guaranty Agreement (Brandywine Realty Trust)

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

Appears in 2 contracts

Samples: Note Purchase Agreement (Sovran Self Storage Inc), Note Purchase Agreement (Sovran Acquisition LTD Partnership)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will shall issue and sell to each Purchaser and each Purchaser will shall 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’ Each Purchaser’s obligations hereunder are several and not joint obligations joint, and no Purchaser shall have any obligation or liability to any Person for the performance or non-performance of any obligation nonperformance by any other Purchaser hereunder.

Appears in 2 contracts

Samples: Note Purchase Agreement (Icahn Carl C), Purchase Agreement (Xo Holdings Inc)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to each Purchaser Purchaser, and each Purchaser will purchase from the Company, at the Closing provided for in Section 3, one or more 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 obligations, and no Purchaser shall have any liability to any Person for the performance or non-performance nonperformance of any obligation by any other Purchaser hereunder.

Appears in 2 contracts

Samples: ServisFirst Bancshares, Inc., ServisFirst Bancshares, Inc.

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 3Closing, Notes in up to the aggregate 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 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.

Appears in 2 contracts

Samples: Note Purchase Agreement (Glori Energy Inc.), Note Purchase Agreement (Glori Energy Inc.)

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

Appears in 2 contracts

Samples: Note Purchase Agreement (Hunt Manufacturing Co), Note Purchase Agreement (Hunt Corp)

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 respective series and in the principal amount specified opposite such Purchaser’s '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.

Appears in 2 contracts

Samples: Assumption Agreement (Agnico Eagle Mines LTD), Note Purchase Agreement (Yamana Gold Inc.)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company Issuer will issue and sell to each Purchaser and each Purchaser will purchase from the CompanyIssuer, at the Closing provided for in Section 3, Notes in the denomination, principal amount and series 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.

Appears in 2 contracts

Samples: Note Purchase Agreement (El Paso Pipeline Partners, L.P.), Note Purchase Agreement (El Paso Pipeline Partners, L.P.)

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 of the respective Series and 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 Xxxxx Xxxxxxxx MLP Investment Company Note Purchase Agreement shall have any liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder.

Appears in 2 contracts

Samples: Agency Agreement (Kayne Anderson MLP Investment CO), Agency Agreement (Kayne Anderson MLP Investment CO)

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 3Closing, 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 obligations, and no Purchaser shall have any liability to any Person for the performance or non-performance non‑performance of any obligation by any other Purchaser hereunder.

Appears in 2 contracts

Samples: South Jersey (SOUTH JERSEY GAS Co), Note Purchase Agreement (SOUTH JERSEY GAS Co)

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 of the Series and 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.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (Ecolab Inc), Note Purchase Agreement (Luxottica Group Spa)

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 and of the series specified opposite such Purchaser’s 's name in Schedule A at the purchase price of 100% of the principal amount thereof. The Purchasers’ obligations of each Purchaser hereunder are several and not joint obligations and no each Purchaser shall have any no obligation and no liability to any Person for the performance or non-performance of any obligation nonperformance by any other Purchaser hereunder.

Appears in 2 contracts

Samples: Note Purchase Agreement (Ferrellgas Partners Finance Corp), Note Purchase Agreement (Ferrellgas Partners Finance Corp)

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 Closings provided for in Section 3, Notes of the respective Series and 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.

Appears in 2 contracts

Samples: Note Purchase Agreement (Kayne Anderson MLP Investment CO), Agency Agreement (Kayne Anderson MLP Investment CO)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to each Purchaser you and each Purchaser you will severally purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount or amounts specified opposite such Purchaser’s your name in Schedule A at the purchase price of 100% of the principal amount thereof. The Purchasers’ Your 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.

Appears in 2 contracts

Samples: Uil Holdings Corp, Uil Holdings Corp

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 and in the series specified opposite such Purchaser’s name in Schedule A B 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.

Appears in 2 contracts

Samples: Note Purchase and Guarantee Agreement (Markit Ltd.), Guaranty Agreement (STORE CAPITAL Corp)

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 and of the series specified opposite such Purchaser’s name in Schedule A at the purchase price of 100% of the principal amount thereof. The Purchasers’ obligations of each Purchaser hereunder are several and not joint obligations and no each Purchaser shall have any no obligation and no liability to any Person for the performance or non-performance of any obligation nonperformance by any other Purchaser hereunder.

Appears in 2 contracts

Samples: Note Purchase Agreement (Ferrellgas Partners Finance Corp), Note Purchase Agreement (Ferrellgas Partners Finance Corp)

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SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company Issuer will issue and sell to each Purchaser and each Purchaser will purchase from the CompanyIssuer, at the Closing provided for in Section 3, Notes in the denomination, principal amount and series specified opposite such Purchaser’s name in Schedule A at the purchase price of 100% [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 hereunder by any other Purchaser hereunderPurchaser.

Appears in 2 contracts

Samples: Contribution Agreement (El Paso Pipeline Partners, L.P.), Contribution Agreement (El Paso Pipeline Partners, L.P.)

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 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.

Appears in 2 contracts

Samples: Note Purchase Agreement (Meredith Corp), Meredith Corp

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company Authority will issue and sell to each Purchaser and each Purchaser will purchase from the CompanyAuthority, at the Closing provided for in Section 3, Notes in the principal amount specified opposite such Purchaser’s name in Schedule A B 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.

Appears in 2 contracts

Samples: Guarantee Agreement (Mohegan Tribal Gaming Authority), Facility Agreement (Mohegan Tribal Gaming Authority)

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 each Closing provided for in Section 3, Notes of the series and 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’ Each Purchaser’s obligations hereunder are several and not joint obligations and no Purchaser shall have any obligation or liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder.

Appears in 1 contract

Samples: Purchase Agreement (New Jersey Resources Corp)

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 of the series and in the principal amount specified opposite such Purchaser’s 's name in Schedule A B 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Great Plains Energy Inc)

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, the relevant Notes in the principal amount amount(s) specified opposite such Purchaser’s name in Schedule A B 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Global Water Resources, Inc.)

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 '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.

Appears in 1 contract

Samples: Note Purchase Agreement (Smucker J M Co)

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 B at the purchase price of 100% of the principal amount thereof. The Purchasers’ obligations American Assets Trust, L.P. Note Purchase Agreement hereunder are several and not joint obligations and no Purchaser shall have any liability to any Person for the performance or non-performance non‑performance of any obligation by any other Purchaser hereunder.

Appears in 1 contract

Samples: Note Purchase Agreement (American Assets Trust, L.P.)

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 applicable Closing provided for in Section 3, Notes in the principal amount amount(s) and of the Tranche(s) 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 obligations, and no Purchaser shall have any liability to any Person for the performance or non-performance non‑performance of any obligation by any other Purchaser hereunder.

Appears in 1 contract

Samples: Note Purchase Agreement (SOUTH JERSEY GAS Co)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to each Purchaser Purchaser, and each Purchaser will purchase from the Company, at the Closing provided for in Section 3, Notes of the Series and 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 of each Purchaser hereunder are several and not joint obligations and no each Purchaser shall have any no obligation and no liability to any Person for the performance or non-performance nonperformance of any obligation by any other Purchaser hereunder.

Appears in 1 contract

Samples: Note Purchase Agreement (International Flavors & Fragrances Inc)

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 and Series specified opposite such Purchaser’s name in Schedule A B 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.. ITT Holdings LLC Note Purchase Agreement

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Macquarie Infrastructure Corp)

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 amounts and in the Series 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.

Appears in 1 contract

Samples: Note Purchase Agreement (American Water Works Company, Inc.)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company Issuers will issue and sell to each Purchaser and each Purchaser will purchase from the CompanyIssuers, 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Curtiss Wright Corp)

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 and of the tranche 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.

Appears in 1 contract

Samples: South Jersey Gas Co/New

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 Funding provided for in Section 3, Notes in the principal amount specified opposite such Purchaser’s name in the Purchaser 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.

Appears in 1 contract

Samples: Note Purchase Agreement (LTC Properties Inc)

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 and of the series specified opposite such Purchaser’s name in Schedule A B 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Empire State Realty OP, L.P.)

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 and in the Series specified opposite or below such Purchaser’s name in the Purchaser 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Barings BDC, Inc.)

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 on the Closing Date provided for in Section 3, the 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 of each Purchaser hereunder are several and not joint obligations and no Purchaser shall have any obligation or any liability to any Person for the performance or non-performance of any obligation nonperformance by any other Purchaser hereunder.

Appears in 1 contract

Samples: Note Purchase Agreement (Amcol International Corp)

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, 2016 Notes in the principal amount and in the Series specified opposite such Purchaser’s '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.. DB1/ 84912103.8

Appears in 1 contract

Samples: Master Note Purchase Agreement (CHS Inc)

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 Closings provided for in Section 3, Notes in the applicable principal amount specified opposite such Purchaser’s name in the Purchaser 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Ameren Corp)

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 Closings 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.

Appears in 1 contract

Samples: Caseys General Stores Inc

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 applicable Closing as provided for in Section 3, Notes in the respective series and in the principal amount specified opposite such Purchaser’s name in Schedule A B 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Equity One, Inc.)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to each Purchaser who is to purchase Notes at a Closing and each such Purchaser will purchase from the Company, at the such 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.

Appears in 1 contract

Samples: Madison Gas & Electric Co

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

Appears in 1 contract

Samples: Note Purchase Agreement (Devry Inc)

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 or below such Purchaser’s name in the Purchaser 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.

Appears in 1 contract

Samples: Barings Capital Investment Corp

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 each Closing provided for in Section 3, Notes of the respective series and 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Vectren Utility Holdings Inc)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to each Purchaser Purchaser, and each Purchaser will purchase from the Company, at on the Closing provided for in Section 3Date, 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’ Exhibit A. Each Purchaser’s obligations hereunder are several and not joint obligations and no Purchaser shall have any obligation hereunder or any liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder.

Appears in 1 contract

Samples: Securities Purchase Agreement (Forster Drilling Corp)

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.. UNITED STATIONERS SUPPLY CO. Note Purchase Agreement

Appears in 1 contract

Samples: Agreement (United Stationers Inc)

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 B at the purchase price of 10098.483% 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.

Appears in 1 contract

Samples: Note Purchase Agreement (St Joe Co)

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 and in the series specified opposite such Purchaser’s name in the Purchaser 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Kilroy Realty, L.P.)

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 each Purchaser’s 's name in Schedule A at the purchase price of 100% of the principal amount thereofthereof (the "Purchase Price"). The Purchasers’ obligations hereunder are obligation of each Purchaser shall be several and not joint obligations and no Purchaser shall have any obligation or any liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder.

Appears in 1 contract

Samples: Note Purchase Agreement (Probex Corp)

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 SECTION 3, Notes in the principal amount and of the series specified opposite such Purchaser’s 's name in Schedule SCHEDULE A at the purchase price of 100% of the principal amount thereof. The Purchasers’ obligations of each Purchaser hereunder are several and not joint obligations and no Purchaser shall have any obligation or liability to any Person for the performance or non-performance of any obligation nonperformance by any other Purchaser hereunder.

Appears in 1 contract

Samples: Note Purchase Agreement (Swift Transportation Co Inc)

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company will issue and sell to each applicable Purchaser and each applicable Purchaser will purchase from the Company, at the Closing provided for in Section 33.1, Notes in the principal amount specified opposite such Purchaser’s name in the Purchaser 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Blue Owl Technology Income Corp.)

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 applicable 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.

Appears in 1 contract

Samples: Note Purchase Agreement (Oncor Electric Delivery Co LLC)

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 non‑performance of any obligation by any other Purchaser hereunder.

Appears in 1 contract

Samples: Tortoise Energy Infrastructure Corp

SALE AND PURCHASE OF NOTES. Subject to the terms and conditions of this Agreement, the Company Obligors will issue and sell to each Purchaser and each such Purchaser will purchase from the CompanyObligors, at the Closing provided for in Section 3, Notes in the principal amount and of the Series specified opposite such Purchaser’s 's name in Schedule A at the purchase price of 100% of the principal amount thereof. The Purchasers’ obligations hereunder of each of the Purchasers under this Agreement are several and not joint obligations and no Purchaser shall have any obligation under this Agreement nor any liability to any Person for the performance or non-performance of any obligation nonperformance by any other Purchaser hereunder.

Appears in 1 contract

Samples: Note Purchase Agreement (Lincoln Electric Holdings Inc)

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 the Purchaser 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. SECTION 3.

Appears in 1 contract

Samples: Tiaa Real Estate Account

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 as provided for in Section 3, Notes in the principal amount specified opposite such Purchaser’s name in Schedule A B 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.. Terreno Realty LLC Note Purchase Agreement

Appears in 1 contract

Samples: Note Purchase Agreement (Terreno Realty Corp)

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 amounts and series 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.

Appears in 1 contract

Samples: Guaranty Agreement (Caseys General Stores Inc)

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