Common use of Private Offering by the Issuer Clause in Contracts

Private Offering by the Issuer. Neither the Issuer nor anyone acting on its behalf has 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 the Purchasers. Neither the Issuer nor anyone acting on its behalf has taken, or will take, any action that would subject the issuance or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Metromedia Fiber Network Inc

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Private Offering by the Issuer. Neither the General Partner, the Issuer nor anyone acting on its behalf has 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 the PurchasersNoteholders, in exchange for the Existing Notes. Neither the General Partner, the Issuer nor anyone acting on its behalf has taken, or will take, any action that would subject the issuance or sale delivery of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (Hub International LTD)

Private Offering by the Issuer. Neither the General Partner, the Issuer nor anyone acting on its behalf has 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 the PurchasersPurchasers and not more than 45 other Institutional Investors of the types described in clause (c) of the definition thereof, each of which has been offered the Notes at a private sale for investment. Neither the General Partner, the Issuer nor anyone acting on its behalf has taken, or will take, any action that would subject the issuance or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (Hub International LTD)

Private Offering by the Issuer. Neither the Issuer nor anyone acting on its behalf has 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 the PurchasersInvestors, each of which has been offered the Notes in a private sale for investment. Neither the Issuer nor anyone acting on its behalf has taken, or will take, any action that would subject the issuance or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (NewStar Financial, Inc.)

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Private Offering by the Issuer. Neither the Issuer nor anyone acting on its behalf has 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 the PurchasersInitial Noteholders and not more than 75 other Institutional Investors, each of which has been offered the Notes at a private sale for investment. Neither the Issuer nor anyone acting on its behalf has taken, or will take, any action that would subject the issuance or sale of the Notes to the registration requirements of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Note Purchase Agreement (Tc Pipelines Lp)

Private Offering by the Issuer. Neither the Issuer nor anyone acting on its behalf has 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 the Purchaserspurchasers of the Series 1998-1 Notes and not more than 49 other institutional investors. Neither the Issuer nor anyone acting on its behalf has taken, or will take, any action that which would subject the issuance or sale of the Series 1998-1 Notes to the registration requirements requirement of Section 5 of the Securities Act.

Appears in 1 contract

Samples: Trendwest Resorts Inc

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