Common use of Form and Dating; Global Securities Clause in Contracts

Form and Dating; Global Securities. (a) The Initial Securities issued on the date hereof will be (i) offered and sold by the Company pursuant to the Purchase Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company from time to time pursuant to one or more Purchase Agreements in accordance with applicable law.

Appears in 16 contracts

Samples: Indenture (Phoenix Consulting Group, LLC), Indenture (Nalco Holding CO), Indenture (TPC Group Inc.)

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Form and Dating; Global Securities. (a) The Initial Original Securities issued on the date hereof will be (i) offered and sold by the Company Issuer pursuant to the Purchase Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Original Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company Issuer from time to time pursuant to one or more Purchase Agreements purchase agreements in accordance with applicable law.

Appears in 13 contracts

Samples: Intercreditor Agreement (Berry Global Group, Inc.), Intercreditor Agreement (Berry Global Group, Inc.), Intercreditor Agreement (Berry Global Group, Inc.)

Form and Dating; Global Securities. (a) The Initial Securities issued on the date hereof will be (i) offered and sold by the Company Issuers pursuant to the Purchase Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company Issuers from time to time pursuant to one or more Purchase Agreements in accordance with applicable law.

Appears in 13 contracts

Samples: Indenture (Gates Global Inc.), Supplemental Indenture (Verso Paper Corp.), Joinder Agreement (Verso Paper Corp.)

Form and Dating; Global Securities. (a) The Initial Securities issued on the date hereof will be (i) offered and sold by the Company Issuers pursuant to the Purchase Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company Issuers from time to time pursuant to one or more Purchase Agreements purchase agreements in accordance with applicable law.

Appears in 10 contracts

Samples: Indenture (Albertsons Companies, Inc.), Indenture (Southeastern Grocers, Inc.), Indenture (Albertsons Companies, Inc.)

Form and Dating; Global Securities. (a) The Initial Securities issued on the date hereof will be (i) offered and sold by the Company Issuer pursuant to the Purchase Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company Issuer from time to time pursuant to one or more Purchase Agreements purchase agreements in accordance with applicable law.

Appears in 7 contracts

Samples: Indenture (Berry Plastics Corp), Indenture (Aeroways, LLC), Indenture (Cke Restaurants Inc)

Form and Dating; Global Securities. (a) The Initial Securities issued on the date hereof will be (i) offered and sold by the Company Issuers pursuant to the Purchase Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company Issuers from time to time pursuant to one or more Purchase Agreements purchase agreements in accordance with applicable law.

Appears in 4 contracts

Samples: Indenture (Safeway Stores 42, Inc.), Indenture (Safeway Stores 42, Inc.), Indenture (Albertsons Companies, Inc.)

Form and Dating; Global Securities. (a) The Initial Original Securities issued on the date hereof will be (i) offered and sold by the Company Issuer pursuant to the Purchase Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Original Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Add-On Securities offered after the date hereof may be offered and sold by the Company Issuer from time to time pursuant to one or more Purchase Agreements purchase agreements in accordance with applicable law.

Appears in 4 contracts

Samples: Indenture (Constellium N.V.), Indenture (Constellium N.V.), Indenture (Noranda Aluminum Holding CORP)

Form and Dating; Global Securities. (a) The Initial Original Securities issued on the date hereof will be (i) offered and sold by the Company Issuer pursuant to the Purchase Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company Issuer from time to time pursuant to one or more Purchase Agreements purchase agreements in accordance with applicable law.

Appears in 2 contracts

Samples: Supplemental Indenture (PQ Group Holdings Inc.), Indenture (Hillman Companies Inc)

Form and Dating; Global Securities. (a) The Initial Securities issued on the date hereof will be (i) offered and sold issued by the Company Issuer pursuant to the Purchase Dealer Manager Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company Issuer from time to time pursuant to one or more Purchase Agreements purchase agreements in accordance with applicable law.

Appears in 2 contracts

Samples: Indenture (CLARIVATE PLC), Supplemental Indenture (CLARIVATE PLC)

Form and Dating; Global Securities. (a) The Initial Securities issued on the date hereof will be (i) offered and sold by the Company pursuant to the Purchase Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company from time to time pursuant to one or more Purchase Agreements purchase agreements in accordance with applicable law.

Appears in 1 contract

Samples: Indenture (Albertsons Companies, Inc.)

Form and Dating; Global Securities. (a) The Initial Original Securities issued on the date hereof Issue Date will be (i) offered and sold by the Company Issuer pursuant to the Purchase Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof Issue Date may be offered and sold by the Company Issuer from time to time pursuant to one or more Purchase Agreements purchase agreements in accordance with applicable law.

Appears in 1 contract

Samples: Indenture (Party City Holdco Inc.)

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Form and Dating; Global Securities. (a) The Initial Original Securities issued on the date hereof will be (i) offered and sold by the Company Issuers pursuant to the Purchase Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company Issuers from time to time pursuant to one or more Purchase Agreements purchase agreements in accordance with applicable law.

Appears in 1 contract

Samples: Indenture (PQ Group Holdings Inc.)

Form and Dating; Global Securities. (a) The Initial Securities issued on the date hereof will be (i) offered and sold privately placed by the Company pursuant to the Purchase Agreement Offering Memorandum and (ii) resoldsold, initially only to (1) persons reasonably believed to be QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company from time to time pursuant to one or more Purchase Agreements agreements in accordance with applicable law.

Appears in 1 contract

Samples: Supplemental Indenture (ARKO Corp.)

Form and Dating; Global Securities. (a) The Initial Securities issued on the date hereof will be (i) offered and sold by the Company pursuant to the Purchase Agreement and (ii) resold, Issuers initially only to (1) QIBs in reliance on Rule 144A 144A, (2) IAIs in accordance with Rule 501 and (23) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. S in accordance with the terms of the offer set forth in the Offering Memoranda. Such Initial Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company Issuers from time to time pursuant to one or more Purchase Agreements purchase agreements in accordance with applicable law.

Appears in 1 contract

Samples: Indenture (Verso Paper Corp.)

Form and Dating; Global Securities. (a) The Initial Securities issued on the date hereof will be (i) offered and sold by the Company Issuer pursuant to the Purchase Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company Issuer from time to time pursuant to one or more Purchase Agreements in accordance with applicable law.

Appears in 1 contract

Samples: Supplemental Indenture (ResCare Finance, Inc.)

Form and Dating; Global Securities. (a) The Initial Securities issued on the date hereof will be (i) offered and sold by the Company Issuer pursuant to the Purchase Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company Issuer from time to time pursuant to one or more Purchase Agreements in accordance with applicable law.

Appears in 1 contract

Samples: Indenture (Clarivate Analytics PLC)

Form and Dating; Global Securities. (a) The Initial Securities issued on the date hereof will be (i) offered and sold by the Company pursuant to the Purchase Agreement and (ii) resold, initially only to (1) in the United States to Persons who are QIBs as defined in reliance on Rule 144A and (2) outside the United States to Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, QIBs and purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. Additional Securities offered after the date hereof may be offered and sold by the Company from time to time pursuant to one or more Purchase Agreements purchase agreements or exchange offers in accordance with applicable law.

Appears in 1 contract

Samples: Indenture (Momentive Performance Materials Inc.)

Form and Dating; Global Securities. (a) The Initial Securities issued on the date hereof will be (i) offered and sold by the Company pursuant to the Purchase Agreement and (ii) resold, initially only to (1) QIBs in reliance on Rule 144A and (2) Persons other than U.S. Persons (as defined in Regulation S) in reliance on Regulation S. Such Initial Securities may thereafter be transferred to, among others, QIBs, QIBs and purchasers in reliance on Regulation S and, except as set forth below, IAIs in accordance with Rule 501. S. Additional Securities offered after the date hereof may be offered and sold by the Company from time to time pursuant to one or more Purchase Agreements in accordance with applicable law.

Appears in 1 contract

Samples: Indenture (MPM Silicones, LLC)

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