Terms of Sale. The Purchase Price for all Partnership Interests purchased pursuant to Section 8.5 or Section 8.6 shall be paid at the Closing in immediately available United States funds; provided, however:
Terms of Sale. The purchase price for the Notes to the Underwriters will be [ ]% of the aggregate principal amount of the Notes. The Underwriters will offer the Notes to the public at a price equal to [ ]% of the aggregate principal amount of the Notes.
Terms of Sale. The purchase price for the Notes to the Underwriters will be 99.73861% of the aggregate principal amount of the Notes. The Underwriters will offer the Notes to the public at a price equal to 99.98861% of the aggregate principal amount of the Notes. Closing Date: February 22, 2022, or such other date as may be agreed upon in writing. Time of Delivery: 9:05 a.m., Chicago, Illinois Time, on the Closing Date, or at such other time as may be agreed upon in writing. Notwithstanding anything in the Agreement or in this Terms Agreement to the contrary, the Agreement and this Terms Agreement constitute the entire agreement and understanding among the parties hereto with respect to the purchase and sale of the Notes. This Terms Agreement may be amended only by written agreement of the parties hereto. Very truly yours, Barclays Capital Inc. as an Underwriter and as a Representative of the Underwriters named in Schedule I hereto By: /s/ Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: Managing Director BofA Securities, Inc. as an Underwriter and as a Representative of the Underwriters named in Schedule I hereto By: /s/ Xxxxxx Xxxxx Xxxx Name: Xxxxxx Xxxxx Xxxx Title: Managing Director Citigroup Global Markets Inc. as an Underwriter and as a Representative of the Underwriters named in Schedule I hereto By: /s/ Xxxxx Xxxxxxxxx Name: Xxxxx Xxxxxxxxx Title: Vice President Accepted: DISCOVER CARD EXECUTION NOTE TRUST, as Issuer By: Discover Funding LLC, not in its individual capacity but solely as Depositor on behalf of the Issuer By: /s/ Xxxxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxx Title: Vice President, Chief Financial Officer and Treasurer DISCOVER BANK By: /s/ Xxxxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxx Title: Vice President, Chief Financial Officer and Assistant Treasurer DISCOVER FUNDING LLC By: /s/ Xxxxxxxx X. Xxxx Name: Xxxxxxxx X. Xxxx Title: Vice President, Chief Financial Officer and Treasurer SCHEDULE I UNDERWRITERS $1,250,000,000 Discover Card Execution Note Trust, DiscoverSeries Class A(2022-1) Notes Name of Underwriter Principal Amount Barclays Capital Inc. $378,790,000 BofA Securities, Inc. $378,788,000 Citigroup Global Markets Inc. $378,788,000 Xxxxxxx Xxxxx & Co. LLC $37,878,000 RBC Capital Markets, LLC $37,878,000 Xxxxx Fargo Securities, LLC $37,878,000 [Schedule I] ANNEX 1 [PRELIMINARY PROSPECTUS] ANNEX 1A [PRELIMINARY PROSPECTUS, AS AMENDED] [Signature Page to Class A(2022-1) Terms Agreement] ANNEX 2 [RATINGS ISSUER FREE WRITING PROSPECTUS] ANNEX 2A
Terms of Sale. I/We agree that my/our bid and agreement to purchase tax-foreclosed real property shall be subject to the following Terms of Sale.
Terms of Sale. The purchase or subscription by Investor or an Affiliate thereof, as the case may be, pursuant to this Section shall be on the same price and other terms and conditions, including the date of sale or issuance, as are applicable to the purchasers or subscribers of the additional shares of capital stock of the Company whose purchases or subscriptions give rise to the participation rights (except that the price to Investor to make such purchase or subscription shall be net of payment of any underwriting, placement agent or similar fee associated with such purchase or subscription), which price and other terms and conditions shall be substantially as stated in the relevant Participation Notice (which standard shall be satisfied if the price, in the case of a negotiated transaction, is not greater than 110% of the estimated price set forth in the relevant Participation Notice or, in the case of an underwritten or privately placed offering, is not greater than of (i) 110% of the estimated price set forth in the relevant Participation Notice, and (ii) the most recent closing price on or prior to the date of the pricing of the offering); provided, however, that in the event the purchases or subscriptions giving rise to the participation rights are effected by an offering of securities registered under the 1933 Act and in which offering it is not legally permissible for the securities to be purchased by Investor to be included, such securities to be purchased by Investor will be purchased in a concurrent private placement.
Terms of Sale. Borrower will, if required by EX-IM Bank or Bank, cause all sales of products on which the Credit Extensions are based to be supported by one or more irrevocable letters of credit in an amount and of matter, naming a beneficiary and issued by a financial institution acceptable to Bank and negotiated by Bank.
Terms of Sale. The purchase price for the Designated Securities to the Underwriter(s), named in Schedule 1 hereto, will be the percentage set forth below of the aggregate initial principal amount of the Certificates, as set forth above, plus accrued interest at the applicable Certificate Rate from the Time of Delivery. Class B Certificates: ______% Initial Public Offering Price: The initial public offering price for the Designated Securities will be the percentage set forth below of the aggregate initial principal amount of the Certificates, as set forth above, plus accrued interest at the applicable Certificate Rate from the Time of Delivery. Class B Certificates: ______% Closing Location: Sears, Xxxxxxx and Co. 0000 Xxxxxxx Xxxx Hoffman Estates, Illinois 60179 Time of Delivery:
Terms of Sale. The Purchase Price for all Partnership Interests purchased pursuant to Section 7.4 or Section 7.5 of this Agreement shall be paid at the Closing, as follows:
Terms of Sale. The purchase price for the Notes to the Underwriters will be [ ]% of the aggregate principal amount of the Notes. 1 Prospectus supplement and prospectus may be filed separately as a free writing prospectus or a preliminary prospectus. The Underwriters will offer the Notes to the public at a price equal to [ ]% of the aggregate principal amount of the Notes.
Terms of Sale. The purchase price for the Notes to the Underwriters will be 99.740% of the aggregate principal amount of the Notes. The Underwriters will offer the Notes to the public at a price equal to 100.00% of the aggregate principal amount of the Notes. Closing Date: July 14, 2009, or such other date as may be agreed upon in writing.