Xxxx and Purchase of Notes Sample Clauses

Xxxx 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 the Purchaser Schedule 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.
Sample 1
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Xxxx and Purchase of Notes. Subject to the terms and conditions of this Agreement, on each Note Purchase Date specified in a Note Purchase Request made in accordance with Section 4.10, the Company will issue and sell to each Purchaser and each Purchaser will purchase from the Company, Notes in the principal amount specified in such Note Purchase Request and each Purchaser shall pay an amount equal to its Commitment Percentage of such principal amount of Notes in accordance with Section 3 hereof. Each sale and purchase by a Purchaser of Notes shall be deemed to have occurred under such Purchaser’s Commitment reflected in the Purchaser Schedule and shall be further evidenced by the Register maintained by Agent. 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. The initial Note Purchase Request was made after entry of the Interim DIP Order in a principal amount of $40,000,000; provided additional Note Purchase Requests up to an aggregate amount not to exceed an additional $10,000,000 (in minimum amount of $5,000,000) may be made prior to the entry of the Final DIP Order so long as (a) the Required Holders have provided their prior written consent (with a copy thereof to the Agent) to any such increase or increases, which consent may be provided or withheld in their sole discretion and (b) the proceeds of such additional $10,000,000 Notes are used solely for the working capital needs of the Foreign Subsidiaries through intercompany loans from the Company to the extent provided in the most recent Approved DIP Budget and otherwise subject to the terms and conditions of the Note Purchase Documents and the DIP Order. Any subsequent Note Purchase Request shall be made after entry of the Final DIP Order in minimum amount of $5,000,000 and increments over such amount of $1,000,000; provided, that (a) the Company shall issue not more than nine (9) separate Note Purchase Requests from and after the Closing Date, (b) no such Note Purchase Request may be issued after the Commitment Termination Date and on such Commitment Termination Date all unused Commitments of the Purchasers to purchase Notes hereunder shall be terminated and (c) the aggregate principal amount of Notes purchased under this Agreement at any time shall not exceed the sum of (i) lesser of (x) $65,000,000 and (y) the maximum amount permitted by the DIP Order to ...
Sample 1
Xxxx and Purchase of Notes. Subject to the terms and conditions of this Agreement, the Issuer will issue and sell to each Purchaser and each Purchaser will purchase from the Issuer, 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 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.
Sample 1
Xxxx 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 such Closing provided for in Section 3, Notes of the series 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. Madison Gas and Electric CompanyNote Purchase Agreement
Sample 1
Xxxx and Purchase of Notes. 2 Section 0.0.Xxxx and Purchase of Series A Notes 2 Section 0.0.Xxxx and Purchase of Shelf Notes. 2 Section 3.Closing. 6 Section 3.1.Series A Closing 6 Section 3.2.Facility Closings 7 Section 3.3. Rescheduled Facility Closings 7
Sample 1
Xxxx and Purchase of Notes. Subject to the terms and conditions of this Agreement, the Company will issue and sell to you and you will severally purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount or amounts and of the series specified opposite your name in Schedule A at the purchase price of 100% of the principal amount thereof. 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 by any other Purchaser hereunder.
Sample 1
Xxxx and Purchase of Notes 
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Related to Xxxx and Purchase of Notes

  • 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.

  • Purchase of Notes The Company will not and will not permit any Affiliate to purchase, redeem, prepay or otherwise acquire, directly or indirectly, any of the outstanding Notes except upon the payment or prepayment of the Notes in accordance with the terms of this Agreement and the Notes. The Company will promptly cancel all Notes acquired by it or any Affiliate pursuant to any payment, prepayment or purchase of Notes pursuant to any provision of this Agreement and no Notes may be issued in substitution or exchange for any such Notes.

  • Repurchase of Notes Neither the Company nor any Restricted Subsidiary or Affiliate, directly or indirectly, may repurchase or make any offer to repurchase any Notes unless the offer has been made to repurchase Notes, pro rata, from all holders of the Notes at the same time and upon the same terms. In case the Company repurchases any Notes, such Notes shall thereafter be cancelled and no Notes shall be issued in substitution therefor.

  • Purchase of Note On the Closing Date (as defined below), the Company shall issue and sell to the Buyer and the Buyer agrees to purchase from the Company such principal amount of Note as is set forth immediately below the Buyer’s name on the signature pages hereto.

  • Purchase of Notes and Warrants On the Closing Date, the Subscriber will purchase the Notes and Warrants as principal for its own account for investment only and not with a view toward, or for resale in connection with, the public sale or any distribution thereof.

  • Sale and Purchase of the Notes Subject to the terms and conditions of this Agreement, at the Closing the Company shall issue and sell to each Investor, and each Investor shall purchase and acquire from the Company, the Notes with the applicable principal amount set forth opposite such Investor’s name under Schedule I hereto for a purchase price equal to the principal amount of the Notes (the “Purchase Price”). The obligations of each Investor to purchase its portion of the Notes are several and not joint.

  • Terms of Notes The following terms relating to the Notes are hereby established:

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