Common use of The Securities Clause in Contracts

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.5% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 3 contracts

Samples: Purchase Agreement (iPCS, INC), Purchase Agreement (Mueller Water Products, Inc.), Purchase Agreement (Actuant Corp)

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The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.75% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 2 contracts

Samples: Purchase Agreement (Installed Building Products, Inc.), Purchase Agreement (ARKO Corp.)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase the price of 98.5% of the principal amount thereof set forth on Schedule A payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 2 contracts

Samples: Purchase Agreement (Pioneer Drilling Co), Purchase Agreement (Pioneer Drilling Co)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.5% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 2 contracts

Samples: Purchase Agreement (Bill Barrett Corp), Purchase Agreement (Outerwall Inc)

The Securities. Each of the The Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the SecuritiesNotes, and each Guarantor agrees to execute its Guarantee, and subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities the Notes set forth opposite their names on Schedule A, at a purchase price of 98.598% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 2 contracts

Samples: Purchase Agreement (Alliance Data Systems Corp), Purchase Agreement (Alliance Data Systems Corp)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.5103.875% of the principal amount thereof plus accrued and unpaid interest from November 1, 2011, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 2 contracts

Samples: Purchase Agreement (Kemet Corp), Purchase Agreement (Kemet Corp)

The Securities. Each of the Company and the Guarantors each Guarantor agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.50% of the principal amount thereof of the Notes, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 2 contracts

Samples: Purchase Agreement (Oshkosh Corp), Purchase Agreement (Oshkosh Corp)

The Securities. Each of the Company Issuers and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company Issuers and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule AA hereto, at a purchase price of 98.599.000% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 2 contracts

Samples: Purchase Agreement (Sunoco LP), Purchase Agreement (Sunoco LP)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.5% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Carters Inc)

The Securities. Each The Company and each of the Company and the Guarantors agrees agree to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule AA hereto, at a purchase price of 98.598.625% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (BOISE CASCADE Co)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.90% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Carters Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule AB, at a purchase price of 98.598.25% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Stewart Enterprises Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.750% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Moneygram International Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the SecuritiesNotes, and and, subject to the conditions thereto, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities the Notes set forth opposite their names on Schedule A, at a purchase price of 98.598.25% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Laredo Petroleum Holdings, Inc.)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.000% of the principal amount thereof payable on the Closing Dateplus accrued interest, if any, from March 15, 2011, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Sandridge Energy Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.597.049% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Sonic Automotive Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.750% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Cardtronics Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors Guarantors, the aggregate principal amount of Securities set forth opposite their the Initial Purchasers’ respective names on Schedule A, at a purchase price of 98.596.015% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, terms and subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (ReFinance America, LTD)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.596.349% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Sandridge Energy Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.0% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Comstock Resources Inc)

The Securities. Each of the Company Issuers and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company Issuers and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.595.407% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Crosstex Energy Lp)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities Notes set forth opposite their names such Initial Purchaser’s name on Schedule AI hereto, at a purchase price of 98.598.625% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, terms and subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Steel Dynamics Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Exterran Holdings Inc.)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.595.464% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Arch Coal Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.95% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Carters Inc)

The Securities. Each of the Company and the Initial Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, Purchasers all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, A at a purchase price of 98.598.00% of the principal amount thereof thereof, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Clayton Williams Energy Inc /De)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.5*% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Ruby Tuesday Inc)

The Securities. Each of the Company and the Initial Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, Purchasers all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, A at a purchase price of 98.598.105% of the principal amount thereof thereof, plus accrued interest from October 1, 2013 to the Closing Date, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Clayton Williams Energy Inc /De)

The Securities. Each of the Company Issuers and the Initial Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agreePurchasers, severally and not jointly, agree to purchase from the Company Issuers and the Initial Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.594.352% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Stonemor Partners Lp)

The Securities. Each of the Company Issuers and each of the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company Issuers and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.597.75% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Genesis Energy Lp)

The Securities. Each of the Company and the Guarantors Initial Guarantor agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors Initial Guarantor the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.250% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Continental Resources Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.596.564% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Prestige Brands Holdings, Inc.)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.625% of the principal amount thereof thereof, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Tempur Sealy International, Inc.)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.597.5% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Sandridge Energy Inc)

The Securities. Each of the Company Issuers and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company Issuers and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.597.495% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Delek Logistics Partners, LP)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.5101.75% of the aggregate principal amount thereof thereof, plus accrued interest from April 1, 2012, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Parker Drilling Co /De/)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors Guarantors, the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.50% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Dream Finders Homes, Inc.)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.599.00% of the principal amount thereof thereof, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Tempur Sealy International, Inc.)

The Securities. Each of the Company and the Initial Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, Purchasers all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Initial Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, A at a purchase price of 98.594.313% of the principal amount thereof thereof, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, terms and subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Energy XXI LTD)

The Securities. Each of the Company and the Guarantors Initial Guarantor agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors Initial Guarantor the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.597.105% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Continental Resources Inc)

The Securities. Each of the The Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their respective names on Schedule A, at a purchase price of 98.598.75% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Ingles Markets Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, Securities and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.408% of the principal amount thereof plus accrued interest from January 27, 2015 payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (U.S. Legend Cars International, Inc.)

The Securities. Each of the Company and the Guarantors each Initial Guarantor agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Initial Guarantors the aggregate principal amount of Securities Notes set forth opposite their names on Schedule A, at a purchase price of 98.599.000% of the principal amount thereof thereof, plus accrued interest from November 25, 2020 payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Continental Resources, Inc)

The Securities. Each of the Company and the Initial Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, Purchasers all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Initial Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, A at a purchase price of 98.598.50% of the principal amount thereof thereof, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, terms and subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Energy Xxi (Bermuda) LTD)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.00% of the aggregate principal amount thereof thereof, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Parker Drilling Co /De/)

The Securities. Each of the Company Issuers and the Initial Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agreePurchasers, severally and not jointly, agree to purchase from the Company Issuers and the Initial Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.596.082% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Stonemor Partners Lp)

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The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.595.103% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Graphic Packaging Holding Co)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, Securities and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.05% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Speedway Motorsports Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule AA hereto, at a purchase price of 98.598% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Claiborne Liz Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the SecuritiesNotes, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities Notes set forth opposite their names on Schedule A, at a purchase price of 98.598.5314% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Salem Media Group, Inc. /De/)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the SecuritiesNotes, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities Notes set forth opposite their names on Schedule A, at a purchase price of 98.586.895% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Psychiatric Solutions Inc)

The Securities. Each of the Company and the Guarantors Initial Guarantor agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors Initial Guarantor the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.596.910% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Continental Resources Inc)

The Securities. Each of the Company Issuers and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company Issuers and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule AB attached hereto, at a purchase price of 98.598.00% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Copano Energy, L.L.C.)

The Securities. Each of the The Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and. subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.375% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Execution Version (Silgan Holdings Inc)

The Securities. Each of the Company Issuers and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company Issuers and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule AA hereto, at a purchase price of 98.598.650% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Sunoco LP)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.5100.250% of the principal amount thereof thereof, plus accrued interest from October 1, 2010, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Prestige Brands Holdings, Inc.)

The Securities. Each of the Company and the Initial Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, Purchasers all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, A at a purchase price of 98.598.00% of the principal amount thereof thereof, plus accrued interest from March 16, 2011 to the Closing Date, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Clayton Williams Energy Inc /De)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.594.327% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Ashland Inc.)

The Securities. Each of the Company and the Guarantors Initial Guarantor agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors Initial Guarantor the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.375% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Continental Resources Inc)

The Securities. Each of the Company Issuers and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company Issuers and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.5% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Athlon Energy Inc.

The Securities. Each of the Company and the Initial Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, Purchasers all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Initial Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, A at a purchase price of 98.5% of the principal amount thereof thereof, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, terms and subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Energy Xxi (Bermuda) LTD)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.597.004% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Brigham Exploration Co)

The Securities. Each of the Company Issuers and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company Issuers and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.06% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Summit Midstream Partners, LP)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.597.50% of the principal amount thereof thereof, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Prestige Brands Holdings, Inc.)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.25% of the aggregate principal amount thereof thereof, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Parker Drilling Co /De/)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.25% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Coinstar Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.0% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Conns Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the $350,000,000 in aggregate principal amount of Securities set forth opposite their names on Schedule AI, at a purchase price of 98.598.25% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Steel Dynamics Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and and, subject to the conditions set forth herein, the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.598.75% of the principal amount thereof thereof, payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, terms herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Tempur Sealy International, Inc.)

The Securities. Each of the The Company and the Guarantors agrees agree to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their respective names on Schedule A, at a purchase price of 98.598.0% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (McDermott International Inc)

The Securities. Each of the Company Issuers and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company Issuers and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.597.625% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (C&G Investments, LLC)

The Securities. Each of the Company and the Guarantors each Initial Guarantor agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Initial Guarantors the aggregate principal amount of Securities Notes set forth opposite their names on Schedule A, at a purchase price of 98.599.000% of the principal amount thereof thereof, plus accrued interest from December 8, 2017 payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Continental Resources, Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.593.773% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Sandridge Energy Inc)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.596.272% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Del Monte Foods Co)

The Securities. Each of the Company and the Guarantors agrees to issue and sell to the Initial Purchasers, severally and not jointly, all of the Securities, and the Initial Purchasers agree, severally and not jointly, to purchase from the Company and the Guarantors the aggregate principal amount of Securities set forth opposite their names on Schedule A, at a purchase price of 98.596.370% of the principal amount thereof payable on the Closing Date, in each case, on the basis of the representations, warranties and agreements herein contained, and upon the terms, subject to the conditions thereto, herein set forth.

Appears in 1 contract

Samples: Purchase Agreement (Mueller Water Products, Inc.)

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