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Common use of CHECKED Clause in Contracts

CHECKED. The undersigned represents and warrants that it is purchasing this Security for its own account or an account with respect to which it exercises sole investment discretion and that it and any such account is a “qualified institutional buyer” within the meaning of Rule 144A under the Securities Act of 1933, and is aware that the sale to it is being made in reliance on Rule 144A and acknowledges that it has received such information regarding the Company as the undersigned has requested pursuant to Rule 144A or has determined not to request such information and that it is aware that the transferor is relying upon the undersigned’s foregoing representations in order to claim the exemption from registration provided by Rule 144A. Dated: NOTICE: To be executed by an executive officer The initial principal amount of this Global Security is $ . The following increases or decreases in this Global Security have been made:

Appears in 4 contracts

Samples: Indenture (Berry Plastics Corp), Indenture (Noranda Aluminum Acquisition CORP), Indenture (MPM Silicones, LLC)

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CHECKED. The undersigned represents and warrants that it is purchasing this Security Note for its own account or an account with respect to which it exercises sole investment discretion and that it and any such account is a “qualified institutional buyer” within the meaning of Rule 144A under the Securities Act of 1933, and is aware that the sale to it is being made in reliance on Rule 144A and acknowledges that it has received such information regarding the Company Issuers as the undersigned has requested pursuant to Rule 144A or has determined not to request such information and that it is aware that the transferor is relying upon the undersigned’s foregoing representations in order to claim the exemption from registration provided by Rule 144A. DatedDate: NOTICE: To be executed by an executive officer The initial principal amount of this Global Security Note is $ $[ • ]. The following increases or decreases in this Global Security Note have been made:

Appears in 1 contract

Samples: Indenture (Diamond Offshore Drilling, Inc.)

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