Common use of Other Subscription Agreements Clause in Contracts

Other Subscription Agreements. Merger Sub has entered into, in connection with the transactions contemplated under the Merger Agreement, (i) a subscription agreement with Xxxxx X. Xxxxx (as amended, the "Xxxxx Subscription Agreement"), pursuant to which Xxxxx X. Xxxxx has agreed to purchase, on the terms and subject to the conditions stated therein, shares of the Company's common stock, no par value per share ("Common Stock"), and options to purchase Common Stock, (ii) a subscription agreement with Xxxxxxx X. Xxxx (the "Xxxx Subscription Agreement"), pursuant to which Xxxxxxx X. Xxxx has agreed to purchase, on the terms and subject to the conditions stated therein, shares of Common Stock and options to purchase Common Stock, (iii) a subscription agreement with the undersigned (as amended and restated, the "Berkshire Subscription Agreement"), pursuant to which the undersigned has agreed to purchase, on the terms and subject to the conditions stated therein, shares of Common Stock and shares of the Company's Zero Coupon Convertible Preferred Stock, and (iv) a subscription agreement with Xxxxxx Xxxxx, Xx. (as amended, the "Xxxxx Subscription Agreement" and, together with this Agreement, the Xxxxx Subscription Agreement, the Xxxx Subscription Agreement and the Berkshire Subscription Agreement, collectively, the "Subscription Agreements), pursuant to which Xxxxxx Xxxxx, Xx. has agreed to purchase, on the terms and subject to the conditions stated therein, shares of Common Stock. 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. Merger Sub has entered The Company is entering into, in connection concurrently with the transactions contemplated under the Merger execution of this Agreement, (i) a subscription agreement with Xxxxx X. Xxxxx (as amended, the "Xxxxx X. Xxxxx Subscription Agreement"), pursuant to which Xxxxx X. Xxxxx has agreed to purchase, on the terms and subject to the conditions stated therein, shares of the Company's common stock, no par value per share ("Common Stock"), and Stock and/or options to purchase Common Stock, and (ii) a subscription agreement with Xxxxxxx X. Xxxx Berkshire Hathaway Inc. (the "Xxxx Subscription Agreement"), pursuant to which Xxxxxxx X. Xxxx has agreed to purchase, on the terms and subject to the conditions stated therein, shares of Common Stock and options to purchase Common Stock, (iii) a subscription agreement with the undersigned (as amended and restated, the "Berkshire Subscription Agreement"), pursuant to which the undersigned Berkshire Hathaway Inc. has agreed to purchase, on the terms and subject to the conditions stated therein, shares of Common Stock and shares of preferred stock of the Company and trust securities of a trust to be established by the Company's Zero Coupon Convertible Preferred Stock, and . The Company may also enter into subscription agreements with other members or former members of MidAmerican management (iv) a subscription agreement with Xxxxxx Xxxxx, Xx. (as amended, the "Xxxxx Subscription Agreement" andany such agreements, together with this Agreement, the Xxxxx X. Xxxxx Subscription Agreement, the Xxxx "Management Subscription Agreements" and the Management Subscription Agreements, together with this Agreement and the Berkshire Subscription Agreement, collectively, the "Subscription Agreements"), pursuant to which Xxxxxx Xxxxx, Xx. has agreed such persons will agree to purchase, on the terms and subject to the conditions stated therein, shares of Common Stock and/or options to purchase Common Stock. Each of the Subscription Agreements are separate and several agreements, and the sales of Securities Shares to the undersigned and to the other purchasers under the Subscription Agreements are to be separate and several sales.

Other Subscription Agreements. Merger Sub has entered The Company is entering into, in connection concurrently with the transactions contemplated under the Merger execution of this Agreement, (i) a subscription agreement with Xxxxx X. Xxxxx (as amended, the "Xxxxx Subscription Agreement"), pursuant to which Xxxxx X. Xxxxx has agreed to purchase, on the terms and subject to the conditions stated therein, shares of the Company's common stock, no par value per share ("Common Stock"), and Stock and/or options to purchase Common Stock, and (ii) a subscription agreement with Xxxxxxx X. Xxxx (the "Xxxx Subscription Agreement"), pursuant to which Xxxxxxx X. Xxxx has agreed to purchase, on the terms and subject to the conditions stated therein, shares of Common Stock and options to purchase Common Stock, (iii) a subscription agreement with the undersigned (as amended and restated, the "Berkshire Subscription Agreement"), pursuant to which the undersigned has agreed to purchase, on the terms and subject to the conditions stated therein, shares of Common Stock and shares of the Company's Zero Coupon Convertible Preferred Stock, and (iv) a subscription agreement with Xxxxxx Xxxxx, Xx. (as amended, the "Xxxxx Subscription Agreement" and, together with this Agreement, the Xxxxx Subscription Agreement, the Xxxx Subscription Agreement and the Berkshire Subscription Agreement, collectively, the "Subscription Agreements), pursuant to which Xxxxxx Xxxxx, Xx. has agreed to purchase, on the terms and subject to the conditions stated therein, shares of Common Stock. The Company may also enter into subscription agreements with other members or former members of MidAmerican management (any such agreements, together with the Xxxxx Subscription Agreement, the "Management Subscription Agreements" and the Management Subscription Agreements, together with this Agreement and the Xxxxx 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/or options to purchase Common Stock. 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. Merger Sub has entered The Company is entering into, in connection concurrently with the transactions contemplated under the Merger execution of this Agreement, (i) a subscription agreement with Xxxxx X. Xxxxx (as amended, the "Xxxxx Subscription Agreement"), pursuant to which Xxxxx X. Xxxxx has agreed to purchase, on the terms and subject to the conditions stated therein, shares of the Company's common stock, no par value per share ("Common Stock"), and options to purchase Common Stock, (ii) a subscription agreement with Xxxxxxx X. Xxxx (the "Xxxx Subscription Agreement"), pursuant to which Xxxxxxx X. Xxxx has agreed to purchase, on the terms and subject to the conditions stated therein, shares of Common Stock and options to purchase Common Stock, (iii) a subscription agreement with the undersigned (as amended and restated, the "Berkshire Subscription Agreement"), pursuant to which the undersigned has agreed to purchase, on the terms and subject to the conditions stated therein, shares of Common Stock and shares of the Company's Zero Coupon Convertible Preferred Stock, and (iv) a subscription agreement with Xxxxxx Xxxxx, Xx. (as amended, the "Xxxxx Subscription Agreement" and, together with this Agreement, the Xxxxx Subscription Agreement, the Xxxx Subscription Agreement and the Berkshire Subscription Agreement, collectively, the "Subscription Agreements), 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.