Agreements to Sell, Purchase and Resell. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to sell to each of the Underwriters and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, each of the Underwriters, severally and not jointly, agrees to purchase from the Company, such principal amount of each class of the Notes at such respective purchase prices as are set forth next to the name of such Underwriter on Schedule A hereto.
Agreements to Sell, Purchase and Resell. (a) On the Closing Date, Nelnet Funding hereby agrees, subject to all the terms and conditions set forth herein, to cause the Trust to sell to each of the Underwriters and, upon the basis of the representations, warranties and agreements of Nelnet Funding herein contained and subject to all the terms and conditions set forth herein, on the Closing Date each of the Underwriters severally and not jointly agrees to purchase from the Trust, such principal amount of each Class of the Notes to be sold on the Closing Date at such respective purchase prices as are set forth next to the name of each Underwriter on Schedule A hereto.
Agreements to Sell, Purchase and Resell. (a) Nelnet Funding hereby agrees, subject to all the terms and conditions set forth herein, to cause the Company to sell to each of the Underwriters and, upon the basis of the representations, warranties and agreements of Nelnet Funding herein contained and subject to all the terms and conditions set forth herein, each of the Underwriters severally and not jointly agrees to purchase from the Company, such principal amount of each Class of the Notes at such respective purchase prices as are set forth next to the name of each Underwriter on Schedule A hereto.
Agreements to Sell, Purchase and Resell. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to each Initial Purchaser and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, each Initial Purchaser agrees, severally and not jointly, to purchase from the Company, at a purchase price of 97.375% of the principal amount thereof, the principal amount of Notes set forth opposite the name of such Initial Purchaser in Schedule I hereto.
Agreements to Sell, Purchase and Resell. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Initial Purchaser and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, the Initial Purchaser agrees to purchase from the Company, at a purchase price of 97% of the principal amount thereof, the principal amount of Notes set forth opposite the name of the Initial Purchaser in Schedule I hereto.
Agreements to Sell, Purchase and Resell. (a) The Trust hereby agrees, subject to all the terms and conditions set forth herein and in the Terms Agreement, to sell to the Underwriter and, upon the basis of the representations, warranties and agreements of the Companies and The Money Store herein contained and subject to all the terms and conditions set forth herein and in the Terms Agreement, the Underwriter agrees to purchase from the Trust all of the Notes at such respective purchase prices as may be described in the Terms Agreement executed by the Companies, the Trust, The Money Store and the Underwriter pursuant to the terms hereof.
Agreements to Sell, Purchase and Resell. (a) On each Closing Date, the Company hereby agrees, subject to all the terms and conditions set forth herein, to sell to each of the Underwriters and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, on each Closing Date each of the Underwriters severally and not jointly agrees to purchase from the Company, such principal amount of each Class of the Notes to be sold on each such Closing Date at such respective purchase prices as are set forth next to the name of each Underwriter on Schedule A hereto.
Agreements to Sell, Purchase and Resell. The Company and the Guarantors, jointly and severally hereby agree, on the basis of the representations, warranties 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 and, upon the basis of the representations, warranties and agreements of the Company and the Guarantors herein contained and subject to all the terms and conditions set forth herein, each of the Initial Purchasers agrees, severally and not jointly, to purchase from the Company, at a purchase price of 98.125% of the principal amount thereof, the total principal amount of Notes set forth opposite the name of such Initial Purchaser in Schedule V hereto. The Company and the Guarantors shall not be obligated to deliver any of the securities to be delivered hereunder except upon payment for all of the securities to be purchased as provided herein.
Agreements to Sell, Purchase and Resell. (a) The Company hereby agrees, subject to all the terms and conditions set forth herein, to issue and sell to the Initial Purchasers and, upon the basis of the representations, warranties and agreements of the Company and the Subsidiary Guarantors herein contained and subject to all the terms and conditions set forth herein, each Initial Purchaser agrees, severally and not jointly, to purchase from the Company, at a purchase price of 97% of the principal amount thereof, the principal amount of Senior Subordinated Notes set forth opposite the name of such Initial Purchaser in Schedule II hereto.
Agreements to Sell, Purchase and Resell. (a) The Company hereby agrees, on the basis of the representations, warranties and agreements of the Initial Purchaser contained herein and subject to all the terms and conditions set forth herein, to issue and sell to the Initial Purchaser and, upon the basis of the representations, warranties and agreements of the Company herein contained and subject to all the terms and conditions set forth herein, the Initial Purchaser agrees to purchase from the Company, at a purchase price of 97.75% of the principal amount thereof, all of the Senior Notes. The Company shall not be obligated to deliver any of the Senior Notes to be delivered hereunder except upon payment for all of the Senior Notes to be purchased as provided herein. The Initial Purchaser hereby represents and warrants to the Company that it will offer the Senior Notes for sale upon the terms and conditions set forth in this Agreement and in the Offering Memorandum. The Initial Purchaser hereby represents and warrants to, and agrees with, the Company that such Initial Purchaser (i) is either a QIB or an Accredited Institution, in either case with such knowledge and experience in financial and business matters as are necessary in order to evaluate the merits and risks of an investment in the Senior Notes; (ii) is purchasing the Senior Notes pursuant to a private sale exempt from registration under the Act; (iii) in connection with the Exempt Resales, will solicit offers to buy the Senior Notes only from, and will offer to sell the Senior Notes only to, the Eligible Purchasers in accordance with this Agreement and on the terms contemplated by the Offering Memorandum; and (iv) will not offer or sell the Senior Notes, nor has it offered or sold the Senior Notes by, or otherwise engaged in, any form of general solicitation or general advertising (within the meaning of Regulation D; including, but not limited to, advertisements, articles, notices or other communications published in any newspaper, magazine, or similar medium or broadcast over television or radio, or any seminar or meeting whose attendees have been invited by any general solicitation or general advertising) in connection with the offering of the Senior Notes. The Initial Purchaser has advised the Company that the Initial Purchaser will initially offer the Senior Notes to Eligible Purchasers at a price of 99.217% of the principal amount thereof, plus accrued interest, if any, from the date of issuance of the Senior Notes. Such price may be ch...
