Common use of Issuers Not Ineligible Issuers Clause in Contracts

Issuers Not Ineligible Issuers. (i) At the earliest time after the filing of the Registration Statement relating to the Notes that the Issuers or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act) and (ii) as of the Applicable Time (with such date being used as the determination date for purposes of this clause (ii)), neither of the Issuers was an “ineligible issuer” (as defined in Rule 405 of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 of the Securities Act that it is not necessary that either of the Issuers be considered an “ineligible issuer.”

Issuers Not Ineligible Issuers. (i) At the earliest time after the filing of the Registration Statement relating to the Notes Securities that the Issuers or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act) Act and (ii) as of the Applicable Time (with such date being used as the determination date for purposes of this clause (ii)), neither of the Issuers was an “ineligible issuer” (as defined in Rule 405 of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 of the Securities Act that it is not necessary that either of the Issuers be considered an “ineligible issuer.”

Issuers Not Ineligible Issuers. (i) At the earliest time after the filing of the Registration Statement relating to the Notes Securities that the Issuers or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act) and (ii) as of the Applicable Time (with such date being used as the “determination date date” under Rule 164(h) of the Securities Act for purposes of this clause (ii)), neither none of the Parent or the Issuers was or is an “ineligible issuer” (as defined in Rule 405 of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 of the Securities Act that it is not necessary that either of the Issuers be considered an “ineligible issuer.”

Issuers Not Ineligible Issuers. (i) At the earliest time after the filing of the Registration Statement relating to the Notes that the Issuers or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act) Act and (ii) as of the Applicable Time (with such date being used as the determination date for purposes of this clause (ii)), neither of the Issuers was an “ineligible issuer” (as defined in Rule 405 of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 of the Securities Act that it is not necessary that either of the Issuers be considered an “ineligible issuer.”