Transaction References. The Company agrees that Prudential and Prudential Capital Group may (a) refer to its role in establishing the Facility, as well as the identity of the Company, the Series A Notes and the maximum aggregate principal amount of the Notes and the date on which the Facility was established, on its internet site or in marketing materials, press releases, published “tombstone” announcements or any other print or electronic medium and (b) display the Company’s corporate logo in conjunction with any such reference. 49 When this Agreement is executed and delivered by the Company, Prudential and the Initial Purchasers, it shall become a binding agreement between the Company, on one hand, and Prudential and each Initial Purchaser, on the other hand. This Agreement shall also inure to the benefit of each Purchaser which shall have executed and delivered a Confirmation of Acceptance and each such Purchaser shall be bound by this Agreement to the extent provided in such Confirmation of Acceptance. Very truly yours, WAUSAU PAPER CORP. By: XXXXX X. XXXXXXXX Title: Executive Vice President-Finance, Secretary and Treasurer SIGNATURE PAGE TO NOTE PURCHASE AND PRIVATE SHELF AGREEMENT This Agreement is hereby Accepted and agreed to as of the date hereof. PRUDENTIAL INVESTMENT MANAGEMENT, INC. By: TAN VU Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: TAN VU Vice President PRUCO LIFE INSURANCE COMPANY OF NEW JERSEY By: TAN VU Vice President PRUDENTIAL ANNUITIES LIFE ASSURANCE CORPORATION By: Prudential Investment Management, Inc., as investment manager By: TAN VU Vice President SIGNATURE PAGE TO NOTE PURCHASE AND PRIVATE SHELF AGREEMENT FORETHOUGHT LIFE INSURANCE COMPANY By: Prudential Private Placement Investors, L.P. (as Investment Advisor) By: Prudential Private Placement Investors, Inc. (as its General Partner) By: TAN VU Vice President UNITED OF OMAHA LIFE INSURANCE COMPANY By: Prudential Private Placement Investors, L.P. (as Investment Advisor) By: Prudential Private Placement Investors, Inc. (as its General Partner) By: TAN VU Vice President COMPANION LIFE INSURANCE COMPANY By: Prudential Private Placement Investors, L.P. (as Investment Advisor) By: Prudential Private Placement Investors, Inc. (as its General Partner) By: TAN VU Vice President SIGNATURE PAGE TO NOTE PURCHASE AND PRIVATE SHELF AGREEMENT INFORMATION SCHEDULE
Transaction References. The Company agrees that Prudential Capital Group may (a) refer to its role in originating the purchase of the Notes from the Company, as well as the identity of the Company and the aggregate principal amount and issue date of the Notes, on its internet site or in marketing materials, press releases, published “tombstone” announcements or any other print or electronic medium, and (b) display the Company’s corporate logo in conjunction with any such reference.
Transaction References. The Company agrees that Prudential Capital Group may (a) refer to its role in the origination of the purchase of the Notes from the Company, as well as the identity of the Company, the aggregate principal amount and issue date of the Notes and the aggregate principal amount of the Facility, on its internet site or in marketing materials, press releases, published “tombstone” announcements or any other print or electronic medium, and (b) display the Company’s corporate logo in conjunction with any such reference. * * * * * Very truly yours, THE COMPANY: CUBIC CORPORATION, a Delaware corporation By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Chief Executive Officer By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Treasurer THE GUARANTORS: CUBIC TRANSPORTATION SYSTEMS, INC., a California corporation By: /s/ Xxxxxxx X. Xxxxxx Title: Treasurer CUBIC APPLICATIONS, INC., a California corporation By: /s/ Xxxxxxx X. Xxxxxx Title: Treasurer CUBIC DEFENSE APPLICATIONS, INC., a California corporation By: /s/ Xxxxxxx X. Xxxxxx Title: Treasurer CUBIC SIMULATION SYSTEMS, INC., a Delaware corporation By: /s/ Xxxxxxx X. Xxxxxx Title: Treasurer OMEGA TRAINING GROUP, INC., a Georgia corporation By: /s/ Xxxxxx X. Xxxxxxxxx Title: President By: /s/ Xxxxx X. Xxxxxxx Title: Secretary ABRAXAS CORPORATION, INC., a Virginia corporation By: /s/ Xxxxxxx X. Xxxxxx Title: Treasurer The foregoing is hereby agreed to as of the date thereof. PRUDENTIAL INVESTMENT MANAGEMENT, INC. By: /s/ Xxxxx Xxxxxxxxxx Vice President THE PRUDENTIAL INSURANCE COMPANY OF AMERICA By: /s/ Xxxxx Xxxxxxxxxx Vice President AMERICAN INCOME LIFE INSURANCE COMPANY By: Prudential Private Placement Investors, L.P. (as Investment Advisor) By: Prudential Private Placement Investors, Inc. (as its General Partner) By: /s/ Xxxxx Xxxxxxxxxx Vice President LIBERTY NATIONAL LIFE INSURANCE COMPANY By: Prudential Private Placement Investors, L.P. (as Investment Advisor) By: Prudential Private Placement Investors, Inc. (as its General Partner) By: /s/ Xxxxx Xxxxxxxxxx Vice President FORETHOUGHT LIFE INSURANCE COMPANY By: Prudential Private Placement Investors, L.P. (as Investment Advisor) By: Prudential Private Placement Investors, Inc. (as its General Partner) By: /s/ Xxxxx Xxxxxxxxxx Vice President INFORMATION SCHEDULE Authorized Officers for PIM Xxxxx Xxxxxxxxxx Managing Director PRUDENTIAL CAPITAL GROUP 0000 Xxxxxxx Xxxx Xxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Telephone: (000) 000-0000 Facsimile: (00...
Transaction References. The Company and the Holders shall not refer to the other on an internet site or in marketing materials, press releases, published “tombstone” announcements or any other print or electronic medium, except with the referenced party’s prior written consent, which may be withheld at its sole discretion. * * * * * ANNEX A-51 (Amended and Restated Note Purchase Agreement)
Transaction References. The Company agrees that Prudential and Prudential Capital Group may (a) refer to its role in establishing the Facility, as well as the identity of the Company and the maximum aggregate principal amount of the Notes and the date on which the Facility was established, on its internet site or in marketing materials, press releases, published “tombstone” announcements or any other print or electronic medium and (b) display the Company’s corporate logo in conjunction with any such reference.
Transaction References. The Company agrees that each of NYL Investors LLC, the Purchasers and their respective Affiliates may (a) refer to the identity of the Company and the aggregate principal amount of the Notes on its internet site or in marketing materials, press releases, published “tombstone” announcements or any other print or electronic medium and (b) display the Company’s corporate logo in conjunction with any such reference. * * * * * MSC Industrial Direct Co., Inc. Note Purchase Agreement If you are in agreement with the foregoing, please sign the form of agreement on a counterpart of this Agreement and return it to the Company, whereupon this Agreement shall become a binding agreement between you and the Company. Very truly yours, MSC Industrial Direct Co., Inc. By /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Executive Vice President and Chief Financial Officer MSC Industrial Direct Co., Inc. Note Purchase Agreement This Agreement is hereby accepted and agreed to as of the date hereof. New York Life Insurance Company By /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Corporate Vice President New York Life Insurance And Annuity Corporation By: NYL Investors LLC, its Investment Manager By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Senior Director The Bank of New York Mellon, a banking corporation organized under the laws of New York, not in its individual capacity but solely as Trustee under that certain Trust Agreement dated as of July 1st, 2015 between New York Life Insurance Company, as Grantor, Xxxx Xxxxxxx Life Insurance Company (U.S.A.), as Beneficiary, Xxxx Xxxxxxx Life Insurance Company of New York, as Beneficiary, and The Bank of New York Mellon, as Trustee By: New York Life Insurance Company, its attorney-in-fact By: /s/ Xxxxxxx Xxxxxx Name: Xxxxxxx Xxxxxx Title: Corporate Vice President
Transaction References. The Company agrees that Prudential Capital Group may (a) refer to its role in establishing the Facility, as well as the identity of the Company and the aggregate principal amount and issue date of the Series A Notes, the maximum aggregate principal amount of the Shelf Notes and the date on which the Facility was established, on its internet site or in marketing materials, press releases, published “tombstone” announcements or any other print or electronic medium and (b) display the Company’s corporate logo in conjunction with any such reference, provided that the Company has consented in writing to such use or display, such consent not to be unreasonably withheld or delayed.
Transaction References. The Company agrees that AIG Asset Management (U.S.) LLC may, with the prior written consent of the Company (not to be unreasonably withheld or delayed), (a) refer to its role in originating the purchase of the Notes from the Company, as well as the identity of the Company and the aggregate principal amount and issue date of the Notes, on its internet site or in marketing materials, press releases, published “tombstone” announcements or any other print or electronic medium and (b) display the Company’s corporate logo in conjunction with any such reference.
Transaction References. The Company agrees that MetLife and MetLife Affiliates may (a) refer to its role in establishing the Facility, as well as the identity of the Company, the Series A Notes, the Series B Notes and the maximum aggregate principal amount of the Shelf Notes and the date on which the Facility was established, on its internet site or in marketing materials, press releases, published “tombstone” announcements or any other print or electronic medium and (b) display the Company’s corporate logo in conjunction with any such reference.
Transaction References. The Company agrees that Prudential and Prudential Private Capital may (a) refer to its role in establishing the Facility, as well as the identity of the Company, the Series A Notes, the Series B Notes and the Series C Notes and the maximum aggregate principal amount of the Notes and the date on which the Facility was established, on its internet site or in marketing materials, press releases, published “tombstone” announcements or any other print or electronic medium and (b) display the Company’s corporate logo in conjunction with any such reference.
