Offering of Notes. Neither the Company nor any agent acting on its behalf has offered the Notes to be issued hereunder for sale to, or solicited any offers to buy the said Notes from, any Person other than the Banks signatory to this Agreement, and neither the Company nor any agent acting on its behalf will take any action which would subject the issuance or sale of the said Notes to the provisions of Section 5 of the Securities Act of 1933, as amended.
Appears in 5 contracts
Samples: Credit Agreement (Delta Air Lines Inc /De/), Credit Agreement (Delta Air Lines Inc /De/), Credit Agreement (Delta Air Lines Inc /De/)
Offering of Notes. Neither the Company nor any agent anyone acting on its behalf has offered the Notes to be issued hereunder or any similar securities for sale to, or solicited any offers offer to buy any of the said Notes same from, or otherwise approached or negotiated in respect thereof with, any Person person other than the Banks signatory to this Agreement, Lenders and neither three other institutional investors. Neither the Company nor any agent anyone acting on its behalf has taken, or will take take, any action which would subject the issuance or sale of the said Notes to the provisions of Section 5 of the Securities Act of 1933, as amended.
Appears in 2 contracts
Samples: Loan Agreement (Del Laboratories Inc), Loan Agreement (Del Laboratories Inc)
Offering of Notes. Neither the Company nor any agent acting on its behalf has has, directly or indirectly, offered the Notes to be issued hereunder for sale to, or solicited any offers to buy the said Notes from, or otherwise approached or negotiated with respect thereto with, any Person other than the Banks signatory to this Agreementinstitutional investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the said Notes to the provisions of Section 5 of the Securities Act or to the provisions of 1933, as amendedany securities or Blue Sky law of any applicable jurisdiction.
Appears in 1 contract
Samples: Uncommitted Master Shelf Agreement (Pinnacle West Capital Corp)
Offering of Notes. Neither the Company nor any agent acting on its behalf has has, directly or indirectly, offered the Notes to be issued hereunder or any similar security of the Company for sale to, or solicited any offers to buy the said Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than the Banks signatory to this AgreementInstitutional Investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the said Notes to the provisions of Section 5 of the Securities Act of 1933, as amended.the
Appears in 1 contract
Samples: Private Shelf Notes Agreement (Applied Industrial Technologies Inc)