Common Contracts

2 similar Exchange and Purchase Agreement contracts by Savient Pharmaceuticals Inc, Spartan Stores Inc

EXCHANGE AND PURCHASE AGREEMENT December 4, 2012
Exchange and Purchase Agreement • December 6th, 2012 • Spartan Stores Inc • Wholesale-groceries, general line

The Osterweis Strategic Income Fund (including any other persons or entities exchanging Existing Notes (as defined below) or purchasing New Notes (as defined below) hereunder for whom the undersigned Holder holds contractual and investment authority, the “Holder”) enters into this Exchange and Purchase Agreement (the “Agreement”) with Spartan Stores, Inc., a Michigan corporation (the “Company”), on the date first written above, whereby the Holder will (a) exchange (the “Exchange”) certain of the Company’s 3.375% Convertible Senior Notes due 2027 (the “Existing Notes”) for certain of the Company’s new Senior Notes due 2016 (the “New Notes”) that will be issued pursuant to the provisions of an Indenture, to be dated as of the Closing Date (as hereinafter defined) in the form of EXHIBIT A hereto (the “Indenture”) by and among the Company, each of the guarantors named therein (the “Guarantors”) and The Bank of New York Mellon Trust Company, N.A., as Trustee (the “Trustee”), and (b) purchas

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EXCHANGE AND PURCHASE AGREEMENT
Exchange and Purchase Agreement • May 9th, 2012 • Savient Pharmaceuticals Inc • Medicinal chemicals & botanical products

(including any other persons or entities exchanging Existing Notes (as defined below) or purchasing New Notes (as defined below) hereunder for whom the undersigned Holder holds contractual and investment authority, the “Holder”) enters into this Exchange and Purchase Agreement (the “Agreement”) with Savient Pharmaceuticals, Inc., a Delaware corporation (the “Company”), on May 7, 2012 whereby the Holder will (a) exchange (the “Exchange”) certain of the Company’s 4.75% Convertible Senior Notes due 2018 (the “Existing Notes”) for certain of the Company’s Units (as defined below), each Unit consisting of (i) $1,000 principal amount at maturity new Senior Secured Discount Notes due 2019 (the “New Notes”) that will be issued pursuant to the provisions of an Indenture, to be dated as of May 9, 2012 in the form of Exhibit A hereto (the “Indenture”) between the Company, each of the guarantors named therein (the “Guarantors”) and U.S. Bank National Association, as Trustee (the “Trustee”) and col

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