Common use of Conditions of the Obligations of the Initial Purchasers Clause in Contracts

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 43 contracts

Samples: Purchase Agreement (Tempur Sealy International, Inc.), Purchase Agreement (eHi Car Services LTD), Purchase Agreement (Bill Barrett Corp)

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Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company and the Guarantors of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 37 contracts

Samples: Purchase Agreement (Matador Resources Co), Purchase Agreement (Dream Finders Homes, Inc.), Purchase Agreement (Matador Resources Co)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 21 contracts

Samples: Purchase Agreement (Silgan Holdings Inc), Purchase Agreement (Puget Sound Energy Inc), Purchase Agreement (Puget Sound Energy Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Issuers of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 10 contracts

Samples: Purchase Agreement (Kraton Corp), Purchase Agreement (Kraton Corp), Purchase Agreement (Kraton Performance Polymers, Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Initial Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Purchase Agreement (Continental Resources, Inc), Purchase Agreement (Continental Resources, Inc), Purchase Agreement (Continental Resources, Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by each of the Company Partnership Parties of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Purchase Agreement (Sunoco LP), Purchase Agreement (Sunoco LP), Purchase Agreement (Sunoco LP)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date Notes shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof 2 hereof, in each case as of the date hereof and as of the Closing Date, as if made on and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Purchase Agreement (Molina Healthcare, Inc.), Purchase Agreement (Molina Healthcare, Inc.), Purchase Agreement (Molina Healthcare, Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Initial Guarantor set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 5 contracts

Samples: Purchase Agreement (Continental Resources Inc), Purchase Agreement (Continental Resources Inc), Purchase Agreement (Continental Resources Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Issuers set forth in Section 1 1(i) hereof as of the date hereof and as of the Closing Date as though then made and made, to the timely performance by the Company Issuers of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Purchase Agreement (Alere Inc.), Purchase Agreement (Alere Inc.), Purchase Agreement (Alere Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Issuer and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Issuer and the Guarantors of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 4 contracts

Samples: Purchase Agreement (Nexstar Media Group, Inc.), Purchase Agreement (Nexstar Broadcasting Group Inc), Purchase Agreement (Nexstar Broadcasting Group Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Partnership of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Genesis Energy Lp), Purchase Agreement (Genesis Energy Lp), Purchase Agreement (Genesis Energy Lp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (McDermott International Inc), Purchase Agreement (Parker Drilling Co /De/), Purchase Agreement (Parker Drilling Co /De/)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company and each Guarantor of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Texas Industries Inc), Credit Agreement (Chaparral Steel CO), Texas Industries Inc

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Obligors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Obligors of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (CSI Compressco LP), Purchase Agreement (Tetra Technologies Inc), Purchase Agreement (Compressco Partners, L.P.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company and each of its the Guarantors of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (U.S. Legend Cars International, Inc.), Purchase Agreement (Speedway Motorsports Inc), Purchase Agreement (Speedway Motorsports Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Partnership Parties set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Partnership Parties of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (CNX Resources Corp), Purchase Agreement (CNX Midstream Partners LP), Athlon Energy Inc.

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Notes as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing each Representation Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 3 contracts

Samples: Purchase Agreement (Kansas City Southern De Mexico, S.A. De C.V.), Purchase Agreement (Kansas City Southern), Kansas City Southern De Mexico, S.A. De C.V.

Conditions of the Obligations of the Initial Purchasers. The ------------------------------------------------------- obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company and Guarantors of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Nexstar Broadcasting of the Wichita Falls LLC, Radio One Inc

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company and the Guarantors of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Steel Dynamics Inc), Purchase Agreement (Steel Dynamics Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Delek Parties set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Delek Parties of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Delek Logistics Partners, LP), Purchase Agreement (Delek Logistics Partners, LP)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Offered Securities as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company and the Closing Date Guarantors set forth in Section 1 hereof herein (as though made on the Closing Date), to the accuracy of the date hereof and as statements of the Closing Date as though then individuals made and pursuant to the timely provisions hereof, to the performance by the Company and each Closing Date Guarantor of its covenants and other obligations hereunder, hereunder and to each of the following additional conditionsconditions precedent:

Appears in 2 contracts

Samples: Purchase Agreement (Express Scripts Inc), Purchase Agreement (Express Scripts Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers and the Initial Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Issuers of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Exterran Partners, L.P.), Purchase Agreement (Exterran Partners, L.P.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing each Representation Date as though then made and to the timely performance by each of the Company and the Guarantors of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Kansas City Southern), Purchase Agreement (Kansas City Southern)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section SECTION 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Coinstar Inc), Purchase Agreement (Outerwall Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Issuers set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Issuers of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Midstates Petroleum Company, Inc.), Purchase Agreement (Midstates Petroleum Company, Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Issuer and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Issuer and the Guarantors of its the covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Party City Holdco Inc.), Purchase Agreement (Party City Holdings Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Notes as provided herein on the Closing Date and each Option Closing Date, as the case may be, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date or the Option Closing Date, as the case may be, as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Greenbrier Companies Inc), Purchase Agreement (Greenbrier Companies Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy in accordance with Section 1 hereof of the representations and warranties on the part of the Company and the Initial Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Energy Xxi (Bermuda) LTD), Purchase Agreement (Energy Xxi (Bermuda) LTD)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein Notes on the Closing Date shall be as provided herein is subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date Date, as though then made and to the timely performance by the Company and the Guarantors of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (CNX Resources Corp), Purchase Agreement (CNX Resources Corp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers and the Initial Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Issuers and the Initial Guarantors of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Stonemor Partners Lp), Purchase Agreement (Stonemor Partners Lp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 ‎1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Issuers and the Escrow Guarantor of its their covenants and other obligations hereunderhereunder in all material respects (except to the extent already qualified by materiality), and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Hilton Grand Vacations Inc.), Purchase Agreement (Hilton Grand Vacations Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of Issuers herein on the date hereof and as the Closing Date, to the accuracy of the Closing Date as though then statements of officers of the Issuers made and pursuant to the timely provisions hereof, to the performance by the Company Issuers of its covenants and other their obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Ferrellgas Partners Finance Corp), Purchase Agreement (Ferrellgas Partners Finance Corp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Vital Parties of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Vital Energy, Inc.), Purchase Agreement (Vital Energy, Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made made, and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Prestige Brands Holdings, Inc.), Purchase Agreement (Prestige Brands Holdings, Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy in accordance with Section 1 hereof of the representations and warranties on the part of the Company and the Initial Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 2 contracts

Samples: Purchase Agreement (Clayton Williams Energy Inc /De), Purchase Agreement (Clayton Williams Energy Inc /De)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Corporation set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Issuers of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Petro Financial Corp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company and the Guarantors of its their covenants and other obligations hereunder, and to each of the following additional conditions:: WEST/293596792

Appears in 1 contract

Samples: Purchase Agreement (VERRA MOBILITY Corp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Initial Guarantor set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company and the Initial Guarantor of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Laredo Petroleum, Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company and each Guarantor of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Stewart Enterprises Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Notes as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Issuer set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Issuer of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Chesapeake Oilfield Operating LLC)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Notes as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Delhaize America set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Delhaize Group)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Offered Securities as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company and herein (as though made on the Guarantors set forth in Section 1 hereof as Closing Date), to the accuracy of the date hereof and as statements of the Closing Date as though then Company officers made and pursuant to the timely provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, hereunder and to each of the following additional conditionsconditions precedent:

Appears in 1 contract

Samples: Purchase Agreement (Total S.A.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Parent Guarantor set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company and the Parent Guarantor of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Solectron Corp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy in accordance with Section 1 hereof of the representations and warranties on the part of the Company and the Initial Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company and the Initial Guarantors of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Energy XXI LTD)

Conditions of the Obligations of the Initial Purchasers. The obligations obligation of the several Initial Purchasers to purchase and pay for the Securities as provided herein Firm Debentures on the Closing Date shall be and the Option Debentures, if any, on the Option Closing Date is subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date or the Option Closing Date, as though then made the case may be, of the representations and warranties of the Company and the Guarantors contained herein, and to the timely performance by the Company and the Guarantors of its their respective covenants and other obligations hereunder, hereunder and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Broadwing Corp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers and the Guarantors set forth in Section 1 l hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Issuers of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (C&G Investments, LLC)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy in accordance with Section 1 hereof of the representations and warranties on the part of the Company and the Initial Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:in

Appears in 1 contract

Samples: Purchase Agreement (Clayton Williams Energy Inc /De)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein Notes on the Closing Date shall be as provided herein is subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date Date, as though then made and to the timely performance by the Company and the Guarantors of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (CNX Resources Corp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the condition that all representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made are true and correct and to the timely performance by the Company and the Guarantors of its covenants and other their obligations hereunder, and to the satisfaction or waiver, as determined by the Representative in its sole discretion, to each of the following additional conditions:

Appears in 1 contract

Samples: Execution Version (Booz Allen Hamilton Holding Corp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Notes as provided herein on the Closing Date shall be subject to the accuracy in all material respects of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Epicor Software Corp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Issuers and the Guarantors of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Nexstar Broadcasting Group Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and each of the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company and each of its the Guarantors of their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Speedway Motorsports Inc)

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Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Par Entities set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Par Entities of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Par Pacific Holdings, Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Issuers set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by Xxxxxxxxx, the Company and the Guarantors, as applicable, of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (COHOES FASHIONS of CRANSTON, Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company or any Guarantor of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Registration Rights Agreement (Stewart Enterprises Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Notes as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Nexstar Finance Holdings LLC)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Partnership Parties set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Partnership Parties of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Summit Midstream Partners, LP)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company and the Guarantors, as applicable, of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Burlington Coat Factory Investments Holdings, Inc.)

Conditions of the Obligations of the Initial Purchasers. The respective obligations of the several Initial Purchasers hereunder are subject to purchase the accuracy, when made and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy Date, of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and contained herein, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional terms and conditions:

Appears in 1 contract

Samples: Purchase Agreement (Alternative Choices Inc)

Conditions of the Obligations of the Initial Purchasers. The ------------------------------------------------------- obligations of the several Initial Purchasers to purchase and pay for the Securities Units as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Issuers set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Issuers of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Nexstar Finance Holdings LLC

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Holdings set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company and Holdings of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (McP-MSC Acquisition, Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof 2 hereof, in each case as of the date hereof and as of the Closing Date, as if made on and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Molina Healthcare Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Offered Securities as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof herein (as though made on the Closing Date), to the accuracy of the date hereof and as statements of the Closing Date as though then Company officers made and pursuant to the timely provisions hereof, to the performance by the Company and Guarantors of its covenants and other their obligations hereunder, hereunder and to each of the following additional conditionsconditions precedent:

Appears in 1 contract

Samples: Purchase Agreement (Chemours Co)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Notes as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Mercer International Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Companies and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the either Company or any Guarantor of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: American Seafoods Inc

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Add-On Notes (and related Guarantees) as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Claiborne Liz Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Issuers and the Guarantors Parent set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by each of the Company Issuers and the Parent of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (McDermott International Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Notes as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Texas Market Tire, Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of (i) the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (E-Commerce Exchange, Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Notes as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Issuers set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Burlington Coat Factory Investments Holdings, Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company and the Guarantors of its their covenants and other obligations hereunder, and to each of the following additional conditions:: ‌ ​ ​

Appears in 1 contract

Samples: Purchase Agreement (TopBuild Corp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Debentures as provided herein on the First Closing Date and, with respect to the Optional Debentures, the Second Closing Date, if applicable, shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the such date hereof and as of the Closing Date as though then made and made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Bearingpoint Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and made, to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Mueller Water Products, Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall will be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof herein (as though made on the Closing Date), to the accuracy of the date hereof and as statements of officers of the Closing Date as though then Company and the Guarantors made and pursuant to the timely provisions hereof, to the performance by the Company and the Guarantors of its covenants and other their respective obligations hereunder, hereunder and to each of the following additional conditionsconditions precedent:

Appears in 1 contract

Samples: Purchase Agreement (China XD Plastics Co LTD)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Notes as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company Company, Escrow Issuer and the GCA Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Company, Escrow Issuer and the Guarantors of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Global Cash Access Holdings, Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors Partnership Parties set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by each of the Company Partnership Parties of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Execution Version (Sunoco LP)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance by the Company and the Guarantors of its their respective covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Westinghouse Air Brake Technologies Corp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Firm Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Cardtronics Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Notes as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof hereof, as of the Initial Sale Time, and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Baker Hughes Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company Xxxxxxx of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (LifeCare Holdings, Inc.)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Issuer, the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Issuer, the Company and the Guarantors of its their covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (TopBuild Corp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities Notes as provided herein on the Closing Date or any Option Closing Date, as applicable, shall be subject to the accuracy in accordance with Section 1 hereof of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Energy Xxi (Bermuda) LTD)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Firm Securities as provided herein on the First Closing Date shall and the Optional Securities to be purchased on each Optional Closing Date will be subject to the accuracy of the representations and warranties on the part of the Company and herein (as though made on such Closing Date), to the Guarantors set forth in Section 1 hereof as accuracy of the date hereof and as statements of the Closing Date as though then Company officers made and pursuant to the timely provisions hereof, to the performance by the Company of its covenants and other obligations hereunder, hereunder and to each of the following additional conditionsconditions precedent:

Appears in 1 contract

Samples: Purchase Agreement (Sunpower Corp)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:

Appears in 1 contract

Samples: Purchase Agreement (Ingles Markets Inc)

Conditions of the Obligations of the Initial Purchasers. The obligations of the several Initial Purchasers to purchase and pay for the Securities as provided herein on the Closing Date shall be subject to the accuracy following conditions (any of the representations and warranties on the part of the Company and the Guarantors set forth in Section 1 hereof as of the date hereof and as of the Closing Date as though then made and to the timely performance which may be waived by the Company of its covenants and other obligations hereunder, and to each of the following additional conditions:Initial Purchasers in writing):

Appears in 1 contract

Samples: Purchase Agreement (Del Monte Foods Co)

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