Common use of Offering of the Securities Clause in Contracts

Offering of the Securities. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Securities for sale to, or solicited any offers to buy the Securities other than the existing preferred stock of the Company and the Series H Stock from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional 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 Securities to the provisions of Section 5 of the Securities Act or to any similar provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 2 contracts

Samples: Subordinated Note Restructuring Agreement (Prudential Insurance Co of America), Restructuring Agreement (Boots & Coots International Well Control Inc)

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Offering of the Securities. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Securities or any similar security of the Company for sale to, or solicited any offers to buy the Securities other than the existing preferred stock or any similar security of the Company and the Series H Stock from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional 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 Securities to the provisions of Section section 5 of the Securities Act or to any similar the provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 1 contract

Samples: Subordinated Note and Warrant Purchase Agreement (Equity Compression Services Corp)

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Offering of the Securities. Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Securities or any similar security of the Company for sale to, or solicited any offers to buy the Securities other than the existing preferred stock or any similar security of the Company and the Series H Stock from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional 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 Securities to the provisions of Section section 5 of the Securities Act or to any similar provisions of any securities or Blue Sky law of any applicable jurisdiction.

Appears in 1 contract

Samples: Boots & Coots International Well Control Inc

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