Common use of Private Offering by the Company Clause in Contracts

Private Offering by the Company. (a) Neither the Company nor any Person acting on its behalf has directly or indirectly offered the Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than you. Neither the Company nor any Person acting on its behalf has taken, or will take, any action that would subject the issuance and sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 3 contracts

Samples: Note Purchase Agreement (Knowles Electronics Holdings Inc), Note Purchase Agreement (Usn Communications Inc), Cai Wireless Systems Inc

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Private Offering by the Company. (a) Neither the Company nor any Person anyone acting on its behalf has directly or indirectly offered the Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person person other than you. Neither the Company nor any Person anyone acting on its behalf has taken, or will take, any action that would subject the issuance and or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 3 contracts

Samples: Note Purchase Agreement (Digex Inc/De), Note Purchase Agreement (Aearo Corp), Bindley Western Industries Inc

Private Offering by the Company. (a) Neither the Company nor any Person anyone acting on its behalf has directly or indirectly offered the Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than youthe Noteholders. Neither the Company nor any Person anyone acting on its behalf has taken, or will take, any action that would subject the issuance and sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 3 contracts

Samples: Stepan Co, Stepan Co, Stepan Co

Private Offering by the Company. (a) Neither the Company nor any Person anyone acting on its behalf has directly or indirectly offered the Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person person other than youyou and not more than two other Institutional Investors, each of which has been offered the Notes at a private sale for investment. Neither the Company nor any Person anyone acting on its behalf has taken, or will take, any action that would subject the issuance and or sale of the Notes to the registration requirements of Section 5 of the Securities Actunder applicable securities laws.

Appears in 2 contracts

Samples: Note Purchase Agreement (First Union Real Estate Equity & Mortgage Investments), Note Purchase Agreement (First Union Real Estate Equity & Mortgage Investments)

Private Offering by the Company. (a) Neither the Company nor any Person anyone acting on its behalf has directly or indirectly offered the Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than youthe Purchasers. Neither the Company nor any Person anyone acting on its behalf has taken, or will take, any action that would subject the issuance and or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 2 contracts

Samples: Note Purchase Agreement (Chateau Communities Inc), Note Purchase Agreement (Stepan Co)

Private Offering by the Company. (a) Neither the Company nor any Person anyone acting on its behalf has directly or indirectly offered the Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person person other than youyou and the Other Purchasers. Neither the Company nor any Person anyone acting on its behalf has taken, or will take, any action that would subject the issuance and or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (Ims Health Inc)

Private Offering by the Company. (a) Neither the Company nor any Person anyone acting on its behalf has directly or indirectly offered the Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person person other than you, who has been offered the Notes at a private sale for investment. Neither the Company nor any Person anyone acting on its behalf has taken, or will take, any action that would subject the issuance and or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Sigma (Sigma Aldrich Corp)

Private Offering by the Company. (a) Neither the Company nor any Person acting on its behalf has directly or indirectly offered the Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than you. You have been offered the Notes at a private sale for investment. Neither the Company nor any Person acting on its behalf has taken, or will take, any action that would subject the issuance and sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (Wireless One Inc)

Private Offering by the Company. (a) Neither the Company nor any Person anyone acting on its behalf has directly or indirectly offered the Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than youthe Purchasers. Neither the Company nor any Person anyone acting on its behalf has taken, or will take, any action that would subject the issuance and or sale of the Notes to the registration requirements of Section 5 of the Securities ActAct or to the registration requirements of any securities or blue sky laws of any applicable jurisdiction.

Appears in 1 contract

Samples: Note Purchase Agreement (Conifer Holdings, Inc.)

Private Offering by the Company. (a) Neither the Company nor any Person anyone acting on its behalf has directly or indirectly offered the Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person person other than youyou and the other Purchasers. Neither the Company nor any Person anyone acting on its behalf has taken, or will take, any action that would subject the issuance and or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (Oneita Industries Inc)

Private Offering by the Company. (a) Neither the Company nor any Person anyone acting on its behalf has directly or indirectly offered the Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than youthe Purchasers, each of which has been offered the Notes at a private sale for investment. Neither the Company nor any Person anyone acting on its behalf has taken, or will take, any action that would subject the issuance and or sale of the Notes to the registration requirements of Section 5 of the Securities Act.of

Appears in 1 contract

Samples: Guaranty Agreement (Sensient Technologies Corp)

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Private Offering by the Company. (a) Neither the Company nor any Person anyone acting on its behalf has directly or indirectly offered the Notes Notes, the Warrants or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than youeach Purchaser and the Lenders. Neither the Company nor any Person anyone acting on its behalf has taken, or will take, any action that would subject the issuance and or sale of the Notes or Warrants to the registration requirements of Section section 5 of the Securities Act.

Appears in 1 contract

Samples: WLR Foods Inc

Private Offering by the Company. (a) Neither the Company nor any Person anyone acting on its behalf has directly or indirectly offered the Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person person other than youPrudential. Neither the Company nor any Person anyone acting on its behalf has taken, or will take, any action that would subject the issuance and or sale of the Notes to the registration requirements of Section 5 of the Securities ActAct or to the registration requirements of any securities or blue sky laws of any applicable jurisdiction.

Appears in 1 contract

Samples: Tortoise Energy Infrastructure Corp

Private Offering by the Company. (a) Neither the Company nor any Person anyone acting on its behalf has directly or indirectly offered the Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than youyou who has been offered the Notes at a private sale for investment. Neither the Company nor any Person anyone acting on its behalf has taken, or will take, any action that would subject the issuance and or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (Dames & Moore Inc /De/)

Private Offering by the Company. (a) Neither the Company nor any Person the Parent nor anyone acting on its behalf of the Company or the Parent has directly or indirectly offered the Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person person other than youyou and the Other Purchasers. Neither the Company nor any Person the Parent nor anyone acting on its behalf of the Company or the Parent has taken, or will take, any action that would subject the issuance and or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (Covenant Transport Inc)

Private Offering by the Company. (a) Neither the Company nor any Person anyone acting on its behalf has directly or indirectly offered the Subordinated Notes or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person person other than you. Neither the Company nor any Person anyone acting on its behalf has taken, or will take, any action that would subject the issuance and or sale of the Subordinated Notes to the registration requirements of Section 5 of the Securities Act. 5.14.

Appears in 1 contract

Samples: Subordinated Loan Agreement (Valhi Inc /De/)

Private Offering by the Company. (a) Neither the Company nor any Person anyone acting on its behalf has directly or indirectly offered the Notes Note or any similar securities for sale to, or solicited any offer to buy any of the same from, or otherwise approached or negotiated in respect thereof with, any Person other than youthe Purchaser, which has been offered the Note at a private sale for investment. Neither the Company nor any Person anyone acting on its behalf has taken, or will take, any action that would subject the issuance and or sale of the Notes Note to the registration requirements of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Guaranty Agreement (Otter Tail Corp)

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