Other Subscription Agreements. The Company has entered into or expects to enter into separate subscription agreements (the “Other Subscription Agreements” and, together with this Agreement, the “Subscription Agreements”) with other subscribers (the “Other Subscribers”), providing for the sale to the Other Subscribers of Class A Common Shares and the admission of the Other Subscribers as members of the Company at the Closing. This Agreement and the Other Subscription Agreements are separate agreements, and the sales of Securities to the Subscriber and Class A Common Shares to the Other Subscribers are separate sales.
Other Subscription Agreements. The Company is simultaneously, with the execution of this Subscription Agreement, entering into one or more subscription agreements with other purchasers of Securities (the "Other Purchasers") with substantially the same terms and conditions as this Subscription Agreement; and no Other Purchaser is subscribing for any securities of the Company on the Closing with terms and conditions different from the terms and conditions of this Subscription Agreement.
Other Subscription Agreements. There shall have been no amendment, waiver or modification to the Other Subscription Agreements that materially benefits any such Other Subscriber thereunder (other than terms particular to the legal or regulatory requirements of such Other Subscriber or its affiliates or related persons) unless Subscriber has been offered substantially the same benefits.
Other Subscription Agreements. The Managing Member, itself and on behalf of the Company, hereby represents and warrants that each Subscription Agreement (and each equivalent subscription agreement entered into by any Parallel Investment Vehicle, on one hand, and any prospective investor, on the other hand) shall be substantially similar in all material respects to the Subscription Agreement you signed, except as to (a) the amount of Commitment made thereby, (b) particular additions, deletions or modifications that reflect any legal or regulatory requirement binding on, or accounting practice or policy adopted by, any other Non-Managing Member (or an investor in any Parallel Investment Vehicle), and (c) the content of each prospective investor questionnaire as completed by any other Non-Managing Member (or an investor in any Parallel Investment Vehicle).
Other Subscription Agreements. The Issuer and Company hereby agree that no Other Subscription Agreements will be amended in any material respect following the date of this Subscription Agreement, and each Other Subscription Agreement (other than the Forward Purchase Contract) will reflect the same Purchase Price per Subscriber Committed Share and terms that are not more favorable to such Other Subscriber thereunder than the terms of this Subscription Agreement.
Other Subscription Agreements. The Subscriber acknowledges that the Company has entered into or expects to enter into separate subscription agreements (the “Other Subscription Agreements” and, together with this Subscription Agreement, the “Subscription Agreements”) with other subscribers (“Other Subscribers”), providing for the sale to Other Subscribers of Shares in the Company and the admission of the Other Subscribers as stockholders of the Company (“Stockholders”) at the Closing (as defined below) or at Subsequent Closings (as defined below). In the event that Subscriber or any Other Subscriber is permitted by the Company to make an additional Capital Commitment to purchase Shares on a date after its initial subscription has been accepted, Subscriber or such Other Subscriber will be required to enter into a separate short-form subscription agreement with the Company, it being understood and agreed that such separate short-form subscription agreement will be considered to be an Other Subscription Agreement and the sales of Shares to the Subscriber or Other Subscribers are separate sales for the purposes of this Subscription Agreement.
Other Subscription Agreements. The Company is entering into, concurrently with the execution of this Agreement, (i) a subscription agreement with Xxxxxx Xxxxx, Xx. (the "Xxxxx Subscription Agreement"), pursuant to which Xxxxxx Xxxxx, Xx. has agreed to purchase, on the terms and subject to the conditions stated therein, shares of Common Stock, and (ii) a subscription agreement with Berkshire Hathaway Inc. (the "Berkshire Subscription Agreement"), pursuant to which Berkshire Hathaway Inc. has agreed to purchase, on the terms and subject to the conditions stated therein, shares of Common Stock and preferred stock of the Company and trust securities of a trust to be established by the Company. The Company may also enter into subscription agreements with other members or former members of MidAmerican management (any such agreements, together with the this Agreement, the "Management Subscription Agreements" and the Management Subscription Agreements, together with the Xxxxx Subscription Agreement and the Berkshire Subscription Agreement, collectively, the "Subscription Agreements"), pursuant to which such persons will agree to purchase, on the terms and subject to the conditions stated therein, shares of Common Stock and Options. Each of the Subscription Agreements are separate and several agreements, and the sales of Securities to the undersigned and to the other purchasers under the Subscription Agreements are to be separate and several sales.
Other Subscription Agreements. The Company is entering into or expects to enter into separate subscription agreements, substantially similar in form to this Agreement with other Investors (the "Other Investors"), providing for the acquisition by the Other Investors of Common Shares and Preferred Shares. Information included in this Agreement may contain forward-looking statements within the meaning of Section 27A of the Securities Act and Section 21E of the Exchange Act of 1934, as amended (the “Exchange Act”). This information may involve known and unknown risks, uncertainties and other factors which may cause the Company’s actual results, performance or achievements to be materially different from future results, performance or achievements expressed or implied by any forward-looking statements. Forward-looking statements, which involve assumptions and describe the Company’s future plans, strategies and expectations, are generally identifiable by use of the words “may,”“will,”“should,”“expect,”“anticipate,”“estimate,”“believe,”“intend” or “project” or the negative of these words or other variations on these words or comparable terminology. These forward-looking statements are based on assumptions that may be incorrect, and there can be no assurance that these projections included in these forward-looking statements will come to pass. The Company’s actual results could differ materially from those expressed or implied by the forward-looking statements as a result of various factors, including the risk factors described above and elsewhere in this Agreement. The Company undertakes no obligation to update publicly any forward-looking statements for any reason, even if new information becomes available or other events occur in the future.
Other Subscription Agreements. The Partnership has heretofore entered into, and expects to enter into, separate but substantially identical subscription agreements (the "Other Subscription Agreements" and, together with this Agreement, the "Subscription Agreements") with other purchasers (the "Other Purchasers"), providing for the subscription by the Other Purchasers of Interests for an aggregate Capital Contribution to the Partnership of $100,000,000 (including the Capital Contributions subscribed for hereunder). This Agreement and the Other Subscription Agreements are separate and several agreements, and the sales of Interests to the undersigned and to the Other Purchasers are to be separate and several sales.
Other Subscription Agreements. The Company agrees that no Other Subscription Agreements will be amended in any material respect following the date of this Subscription Agreement, and each Other Subscription Agreement (other than the Forward Purchase Contract) reflects the same Per Share Purchase Price and other terms that are not materially more favorable to such Other Subscriber thereunder than the terms of this Subscription Agreement, except to the extent required to comply with an Other Subscriber’s policies and procedures or rules and regulations applicable to such Other Subscriber. For the avoidance of doubt, the Company may waive or terminate any Other Subscriber’s commitment under any Other Subscription Agreement without violating the terms of this Section 6(f).
