The Purchase Contracts Section 5.1. Purchase of Shares of Common Stock.............................................................28 Section 5.2. Contract Adjustment Payments...................................................................30 Section 5.3. [Intentionally omitted.].......................................................................31 Section 5.4. Payment of Purchase Price......................................................................31 Section 5.5. Issuance of Shares of Common Stock.............................................................35 Section 5.6. Adjustment of Settlement Rate..................................................................36 Section 5.7. Notice of Adjustments and Certain Other Events.................................................42 Section 5.8. Termination Event; Notice......................................................................42 Section 5.9.
PURCHASE CONTRACT This PURCHASE CONTRACT (this “Contract”) is made and entered into as of September 10, 2010, by and between HAPPY VALLEY RES, LLC, an Indiana limited liability company (“Seller”) with a principal office at 0000 Xxxx 00xx Xxxxx, Xxxxx 000 Xxxxx, Xxxxxxxxxxxx, Xxxxxxx 00000 and APPLE NINE HOSPITALITY OWNERSHIP, INC., a Virginia corporation, with its principal office at 000 Xxxx Xxxx Xxxxxx, Xxxxxxxx, Xxxxxxxx 00000 (“Buyer”)
Certain Rights of Purchase Contract Agent Subject to the provisions of Section 7.01:
No Obligations of Purchase Contract Agent Except to the extent otherwise expressly provided in this Agreement, the Purchase Contract Agent assumes no obligations and shall not be subject to any liability under this Agreement, the Pledge Agreement or any Purchase Contract in respect of the obligations of the Holder of any Security thereunder. The Company agrees, and each Holder of a Certificate, by his or her acceptance thereof, shall be deemed to have agreed, that the Purchase Contract Agent's execution of the Certificates on behalf of the Holders shall be solely as agent and attorney-in-fact for the Holders, and that the Purchase Contract Agent shall have no obligation to perform such Purchase Contracts on behalf of the Holders, except to the extent expressly provided in Article Five hereof. Anything contained in this Agreement to the contrary notwithstanding, in no event shall the Purchase Contract Agent or its officers, employees or agents be liable under this Agreement to any third party for indirect, special, punitive, or consequential loss or damage of any kind whatsoever, including lost profits, whether or not the likelihood of such loss or damage was known to the Purchase Contract Agent, incurred without any act or deed that is found to be attributable to gross negligence or willful misconduct on the part of the Purchase Contract Agent.
The Purchase Agreement This Agreement has been duly authorized, executed and delivered by the Company and the Guarantors.
Note Purchase Agreement The conditions precedent to the obligations of the Applicable Pass Through Trustees and the other requirements relating to the Aircraft and the Equipment Notes set forth in the Note Purchase Agreement shall have been satisfied.
Sale Agreement The Sale Agreement is the only agreement pursuant to which the Seller purchases Collateral.
of the Note Purchase Agreement Section 2.1(b) of the Note Purchase Agreement is hereby amended and restated to read in full as follows:
Execution of Purchase Agreement FURTHER RESOLVED, that the Corporation be and it hereby is authorized to execute the Purchase Agreement providing for the purchase of up to Twenty Million Dollars ($20,000,000) of the Corporation’s common stock; and
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 the Purchaser, and the Purchaser shall purchase and acquire from the Company, the Notes for a purchase price equal to the principal amount of the Notes purchased (the “Purchase Price”).