Common use of Private Offering by the Company Clause in Contracts

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Bonds (or any other debt securities the offering of which would be integrated pursuant to the integration principles under Section 4(a)(2) of the Securities Act) 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 55 or fewer Institutional Investors (including the Purchasers), each of which has been offered the Bonds at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any action that would subject the offer or sale of the Bonds to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor nor, assuming the accuracy of the Offeree Letters, anyone acting on its behalf has offered the Bonds (Notes, the Affiliate Guaranties or any other debt similar securities the offering of which would be integrated pursuant to the integration principles under Section 4(a)(2) of the Securities Act) 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 55 or fewer you, and not more than 20 other Institutional Investors (including the Purchasers)Investors, each of which has been offered the Bonds Notes at a private sale for investment. Neither the Company nor nor, assuming the accuracy of the Offeree Letter, anyone acting on its behalf has taken, or will take, any action that would subject the offer issuance or sale of the Bonds Notes or the Affiliate Guaranties to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Bonds (or any other debt securities the offering of which would be integrated pursuant to the integration principles under Section 4(a)(2) of the similar Securities Act) for sale to, or solicited any offer to buy the Bonds or any of the same similar Securities from, or otherwise approached or negotiated in respect thereof with, any Person other than 55 or fewer the Purchasers and not more than 75 Institutional Investors of the type described in clause (c) of the definition thereof (including the Purchasers)) in total, each of which has been offered the Bonds at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any action that would subject the offer issuance or sale of the Bonds 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.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Bonds (or any other debt securities the offering of which would be integrated pursuant to the integration principles under Section 4(a)(2) of the Securities Act) 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 55 or fewer Institutional Investors (including the Purchasers), each of which has been offered the Bonds at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any action that would subject the offer or sale of the Bonds to the registration requirements of Section 5 of the Securities Act.. 9

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Bonds (or any other debt securities the offering of which would be integrated pursuant to the integration principles under Section 4(a)(2) of the Securities Act) 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 55 50 or fewer Institutional Investors (including the Purchasers), each of which has been offered the Bonds at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any action that would subject the offer or sale of the Bonds 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.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Bonds Notes (or any other debt securities the offering of which would be integrated pursuant to the integration principles under Section 4(a)(24(2) of the Securities Act) 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 55 or fewer the Purchasers and not more than 24 other Institutional Investors (including the Purchasers)Investors, each of which has been offered the Bonds Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any action that would subject the offer or sale of the Bonds Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Bonds (or any other debt securities the offering of which would be integrated pursuant to the integration principles under Section 4(a)(2) of the similar Securities Act) for sale to, or solicited any offer to buy the Bonds or any of the same similar Securities from, or otherwise approached or negotiated in respect thereof with, any Person other than 55 or fewer the Purchasers and not more than 80 Institutional Investors of the type described in clause (c) of the definition thereof (including the Purchasers)) in total, each of which has been offered the Bonds at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any action that would subject the offer issuance or sale of the Bonds 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.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Bonds (or any other debt securities the offering of which would be integrated pursuant to the integration principles under Section 4(a)(2) of the Securities AmericasActive:12108486.6 Act) 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 55 or fewer Institutional Investors (including the Purchasers), each of which has been offered the Bonds at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any action that would subject the offer or sale of the Bonds to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Bonds Notes (or any other debt securities the offering of which would be integrated pursuant to the integration principles under Section 4(a)(24(2) of the Securities Act) 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 55 or fewer the Purchasers and not more than 50 other Institutional Investors (including the Purchasers)Investors, each of which has been offered the Bonds Notes at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any action that would subject the offer or sale of the Bonds Notes to the registration requirements of Section 5 of the Securities Act.

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Bonds (or any other debt securities the offering of which would be integrated pursuant to the integration principles under Section 4(a)(2) of the Securities Act) 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 55 or fewer Institutional Investors (including the Purchasers), each of which has been offered the Bonds at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any action that would subject the offer or sale of the Bonds to the registration requirements of Section 5 of the Securities Act.. AmericasActive:13331674.6 AmericasActive:15549684.1

Private Offering by the Company. Neither the Company nor anyone acting on its behalf has offered the Bonds (or any other debt securities the offering of which would be integrated pursuant to the integration principles under Section 4(a)(2) of the Securities Act) 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 55 70 or fewer Institutional Investors (including the Purchasers), each of which has been offered the Bonds at a private sale for investment. Neither the Company nor anyone acting on its behalf has taken, or will take, any action that would subject the offer or sale of the Bonds to the registration requirements of Section 5 of the Securities Act.