Private Offering by Borrower. Assuming that the Banks and the Lender Groups are acquiring the Notes for investment purposes only, and not for purposes of resale or distribution thereof except for assignments or participations as provided in Sections 2.1.7, 9.13 and 9.14, no registration of the Notes under the Securities Act of 1933, as amended, or under the securities laws of the State of New York, or any other state in which an Approved Project is located is required in connection with the offering, issuance and sale of the Notes hereunder. Neither Borrower nor anyone acting on its behalf has taken, or will take, any action which would subject the offering, issuance or sale of the Notes to Section 5 of the Securities Act of 1933, as amended.
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Samples: Credit Agreement (Pacific Gas & Electric Co), Credit Agreement (Pg&e Corp)
Private Offering by Borrower. Assuming that the Banks and the Lender Groups are acquiring the Notes for investment purposes only, and not for purposes of resale or distribution thereof except for assignments or participations as provided in Sections 2.1.7, 9.13 10.13 and 9.1410.14, no registration of the Notes under the Securities Act of 1933, as amended, or under the securities laws of the State of New York, or any other state in which an Approved a Project is located is required in connection with the offering, issuance and sale of the Notes hereunder. Neither Borrower nor anyone acting on its behalf has taken, or will take, any action which would subject the offering, issuance or sale of the Notes to Section 5 of the Securities Act of 1933, as amended.
Appears in 1 contract
Samples: Credit Agreement (Calpine Corp)
Private Offering by Borrower. Assuming that the Banks and the Lender Groups are acquiring the Notes for investment purposes only, and not for purposes of resale or distribution thereof except for assignments or participations as provided in Sections 2.1.7, 9.13 10.13 and 9.1410.14, no registration of the Notes under the Securities Act of 1933, as amended, or under the securities laws of the State of New York, Texas, California, Maine, Arizona, Delaware or any other state in which an Approved a Project is located is required in connection with the offering, issuance and sale of the Notes hereunder. Neither Borrower nor anyone acting on its behalf has taken, or will take, any action which would subject the offering, issuance or sale of the Notes to Section 5 of the Securities Act of 1933, as amended.
Appears in 1 contract
Private Offering by Borrower. Assuming that the Banks and the Lender Groups are acquiring the Notes for investment purposes only, and not for purposes of resale or distribution thereof except for assignments or participations as provided in Sections 2.1.7, 9.13 10.13 and 9.1410.14, no registration of the 58 Notes under the Securities Act of 1933, as amended, or under the securities laws of the State of New York, or any other state in which an Approved a Project is located is required in connection with the offering, issuance and sale of the Notes hereunder. Neither Borrower nor anyone acting on its behalf has taken, or will take, any action which would subject the offering, issuance or sale of the Notes to Section 5 of the Securities Act of 1933, as amended.
Appears in 1 contract
Samples: Security Agreement (Calpine Corp)
Private Offering by Borrower. Assuming that the Banks and the Lender Groups are acquiring the Notes for investment purposes only, and not for purposes of resale or distribution thereof except for assignments or participations as provided in Sections 2.1.7, 9.13 and 9.14, no registration of the Notes under the Securities Act of 1933, as amended, or under the securities laws of the State of New York, or any other state in which an Approved Project Project, Funding Working Capital Asset or Acquisition is located is required in connection with the offering, issuance and sale of the Notes hereunder. Neither Borrower nor anyone acting on its behalf has taken, or will take, any action which would subject the offering, issuance or sale of the Notes to Section 5 of the Securities Act of 1933, as amended.
Appears in 1 contract
Samples: Credit Agreement (NRG Energy Inc)