Effect of Heading. The Section headings herein are for convenience only and shall not affect the construction hereof.
Effect of Heading. The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions.
Effect of Heading. Any table of contents, title of any article or section heading herein contained is for convenience or reference only and shall not affect the meaning of construction of any of the provisions hereof.
Effect of Heading. The section headings herein are for convenience only and shall not affect the construction or interpretation of this Agreement.
Effect of Heading. The headings of the Clauses herein have been inserted for convenience only and shall not affect the interpretation of the provision of this Contract.
Effect of Heading. Any heading to any article hereof is inserted only for the convenience and shall not, in any way, define, restrict, limit or describe the scopes or purposes of such article, and shall neither affect the interpretation of this Agreement for any purpose.
Effect of Heading. The Article and Section headings herein are for convenience of reference only and are not to be considered in construing this Agreement.
Effect of Heading. The headings of the Clauses hereto are inserted for convenience and shall not form part of this Annexure.
Effect of Heading. 29 SCHEDULES Schedule A - List of Initial Purchasers Schedule B - Pricing Information CASE CORPORATION (a Delaware corporation) $300,000,000 6.25% Notes due December 1, 2003 PURCHASE AGREEMENT ------------------ December 2, 1998 XXXXXXX XXXXX & CO. XXXXXXX LYNCH, PIERCE, XXXXXX & XXXXX INCORPORATED CHASE SECURITIES INC. CREDIT SUISSE FIRST BOSTON CORPORATION NATIONSBANC XXXXXXXXXX SECURITIES LLC XXXXXXX XXXXX BARNEY INC. c/o Merrill Lynch, Pierce, Xxxxxx & Xxxxx Incorporated Xxxxx Xxxxx Xxxxx Xxxxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000-0000 Ladies and Gentlemen: Case Corporation, a Delaware corporation (the "Company"), confirms its agreement with Xxxxxxx Xxxxx & Co., Xxxxxxx Lynch, Pierce, Xxxxxx & Xxxxx Incorporated ("Xxxxxxx Xxxxx") and each of the other Initial Purchasers named in Schedule A hereto (collectively, the "Initial Purchasers," which term shall also include any initial purchaser substituted as hereinafter provided in Section 11 hereof), for whom Xxxxxxx Xxxxx is acting as representative (in such capacity, the "Representative"), with respect to the issue and sale by the Company and the purchase by the Initial Purchasers, acting severally and not jointly, of the respective principal amounts set forth in said Schedule A of $300,000,000 aggregate principal amount of the Company's 6.25% Notes due December 1, 2003 (the "Securities"). The Securities are to be issued pursuant to an Indenture dated as of July 31, 1995 (the "Indenture") between the Company and The Bank of New York, as trustee (the "Trustee"). The Securities and the Exchange Notes (as defined below) issuable in exchange therefor are collectively referred to herein as the "Notes." Notes issued in book-entry form will be issued to Cede & Co. as nominee of The Depository Trust Company ("DTC") pursuant to a letter agreement, to be dated as of the Closing Time (as defined in Section 2(b)) (the "DTC Agreement"), among the Company, the Trustee and DTC. The Company understands that the Initial Purchasers propose to make an offering of the Securities on the terms and in the manner set forth herein and agrees that the Initial Purchasers may resell, subject to the conditions set forth herein, all or a portion of the Securities to purchasers ("Subsequent Purchasers") at any time after the date of this Agreement. The Securities are to be offered and sold through the Initial Purchasers without being registered under the Securities Act of 1933, as amended (the "1933 Act"), in reliance upon exemptions th...
Effect of Heading. The Section headings used in this Agreement and the titles of the Schedules hereto are included for purposes of convenience only, and shall not affect the construction or interpretation of any of the provisions hereof or of the information set forth in such Schedules.
