Common use of The Additional Notes Clause in Contracts

The Additional Notes. In addition, the Company hereby agrees, on the basis of the representations and warranties, covenants and agreements of the Initial Purchasers contained herein and subject to all the terms and conditions set forth herein, to issue and sell to the Initial Purchasers the Additional Notes, and the Initial Purchasers shall have the right to purchase, severally and not jointly, up to $50 million aggregate principal amount of Additional Notes at a purchase price referred to in the preceding paragraph plus accrued and unpaid interest, if any, from November 18, 2013, which purchase must be completed within 30 days of the Closing Date. The Representatives may exercise this right on behalf of the Initial Purchasers in whole or from time to time in part by giving written notice specifying the principal amount of Additional Notes to be purchased by the Initial Purchasers and the date on which such Additional Notes are to be purchased. Unless otherwise agreed to by the Company, such purchase date (the “Option Closing Date”) must be at least two business days after the written notice is given and may not be earlier than the Closing Date; provided, however, that the purchase date for the Additional Notes shall be the Closing Date to the extent such written notice is delivered at least one business day prior to the Closing Date. On the Closing Date or the Option Closing Date, as applicable, each Initial Purchaser agrees, severally and not jointly, to purchase the principal amount of Additional Notes (subject to such adjustments to eliminate fractional Notes as you may determine) that bears the same proportion to the total principal amount of Additional Notes to be purchased on such Option Closing Date as the principal amount of Firm Notes set forth in Schedule A opposite the name of such Initial Purchaser bears to the total principal amount of Firm Notes. Payment for any Additional Notes shall be made to the Company against delivery of such Additional Notes for the respective accounts of the several Initial Purchasers at the offices of ▇▇▇▇▇ ▇▇▇▇▇ L.L.P., ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m., New York City time, on the Option Closing Date.

The Additional Notes. In addition, the The Company hereby agrees, on the basis of the representations and warranties, covenants and agreements of the Initial Purchasers contained herein and subject to all the terms and conditions set forth herein, agrees to issue and sell to the Initial Purchasers the Additional Notes, and the Initial Purchasers shall have the right to purchasePurchasers, severally and not jointly, up to $50 million aggregate principal amount all of the Additional Notes at a purchase price referred to set forth in the preceding paragraph plus accrued Exercise Notice (as defined below), and unpaid interestsubject to the conditions set forth herein, if any, from November 18, 2013, which purchase must be completed within 30 days of the Closing Date. The Representatives may exercise this right on behalf of the Initial Purchasers in whole or from time to time in part by giving written notice specifying the principal amount of Additional Notes to be purchased by the Initial Purchasers and the date on which such Additional Notes are to be purchased. Unless otherwise agreed to by the Company, such purchase date (the “Option Closing Date”) must be at least two business days after the written notice is given and may not be earlier than the Closing Date; provided, however, that the purchase date for the Additional Notes shall be the Closing Date to the extent such written notice is delivered at least one business day prior to the Closing Date. On the Closing Date or the Option Closing Date, as applicable, each Initial Purchaser agreesagree, severally and not jointly, to purchase from the Company the aggregate principal amount of such Additional Notes (subject to such adjustments to eliminate fractional Notes as you may determine) that bears the same proportion to the total principal amount of Additional Notes to be purchased on such Option Closing Date (as defined below) as the principal amount of Firm Notes set forth in Schedule A opposite the name of such Initial Purchaser bears to the total principal amount of Firm Notes. Payment for any Additional Notes shall be made to the Company against delivery , at a purchase price of such Additional Notes for the respective accounts 97% of the several Initial Purchasers at the offices of ▇▇▇▇▇ ▇▇▇▇▇ L.L.P., ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m., New York City time, principal amount thereof payable on the Option Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms herein set forth. The Initial Purchasers’ option to purchase Additional Notes may be exercised in whole or from time to time in part by written notice from the Representatives not later than 30 days after the date of this Agreement. Any exercise notice shall specify the principal amount of Additional Notes to be purchased by the Initial Purchasers and the date on which such Additional Notes are to be purchased (each such notice, an “Exercise Notice”). Each purchase date must be at least two business days after the written notice is given (except if the purchase date is to be the Closing Date, then such purchase date shall be the Closing Date) and may not be earlier than the Closing Date nor later than ten business days after the date of such notice.

The Additional Notes. In addition, the The Company hereby agrees, on the basis of the representations and warranties, covenants and agreements of the Initial Purchasers contained herein and subject to all the terms and conditions set forth herein, agrees to issue and sell to the Initial Purchasers the Additional Notes, and the Initial Purchasers shall have the right to purchasePurchasers, severally and not jointly, up to $50 million aggregate principal amount all of the Additional Notes at a purchase price referred to set forth in the preceding paragraph plus accrued Overallotment Notice, and unpaid interestsubject to the conditions set forth herein, if any, from November 18, 2013, which purchase must be completed within 30 days of the Closing Date. The Representatives may exercise this right on behalf of the Initial Purchasers in whole or from time to time in part by giving written notice specifying the principal amount of Additional Notes to be purchased by the Initial Purchasers and the date on which such Additional Notes are to be purchased. Unless otherwise agreed to by the Company, such purchase date (the “Option Closing Date”) must be at least two business days after the written notice is given and may not be earlier than the Closing Date; provided, however, that the purchase date for the Additional Notes shall be the Closing Date to the extent such written notice is delivered at least one business day prior to the Closing Date. On the Closing Date or the Option Closing Date, as applicable, each Initial Purchaser agreesagree, severally and not jointly, to purchase from the Company the aggregate principal amount of such Additional Notes (subject to such adjustments to eliminate fractional Notes as you may determine) that bears the same proportion to the total principal amount of Additional Notes to be purchased on such Option Closing Date (as defined below) as the principal amount of Firm Notes set forth in Schedule A opposite the name of such Initial Purchaser bears to the total principal amount of Firm Notes. Payment for any Additional Notes shall be made to the Company against delivery , at a purchase price of such Additional Notes for the respective accounts 97% of the several Initial Purchasers at the offices of ▇▇▇▇▇ ▇▇▇▇▇ L.L.P., ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ (or such other place as may be agreed to by the Company and the Representatives) at 10:00 a.m., New York City time, principal amount thereof payable on the Option Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms herein set forth. The Initial Purchasers’ option to purchase Additional Notes may be exercised in whole or from time to time in part by giving written notice not later than 30 days after the date of this Agreement solely to cover overallotments, if any. Any exercise notice shall specify the principal amount of Additional Notes to be purchased by the Initial Purchasers and the date on which such Additional Notes are to be purchased (each such notice, an “Overallotment Notice”). Each purchase date must be at least two business days after the written notice is given (except if the purchase date is to be the Closing Date, then such purchase date shall be the Closing Date) and may not be earlier than the Closing Date nor later than ten business days after the date of such notice.