Common use of Private Offering of Notes Clause in Contracts

Private Offering of Notes. Neither the Company nor Xxxxxxx Xxxxx & Co. (the only Person authorized or employed by the Company as agent, broker, dealer or otherwise in connection with the offering or sale of the Notes or any similar Security of the Company, other than employees of the Company) has offered any of the Notes or any similar Security of the Company for sale to, or solicited offers to buy any thereof from, or otherwise approached or negotiated with respect thereto with, any prospective purchaser, other than you and one hundred ten (110) other institutional investors, each of whom was offered all or a portion of the Notes at private sale for investment.

Private Offering of Notes. Neither the Company nor Xxxxxxx Xxxxx & Co. the Placement Agent (the only Person authorized or employed by the Company as agent, broker, dealer or otherwise in connection with the offering or sale of the Notes or any similar Security of the Company, other than employees of the Company) has offered any of the Notes or any similar Security of the Company for sale to, or solicited offers to buy any thereof from, or otherwise approached or negotiated with respect thereto with, any prospective purchaser, other than you and one hundred ten ninety-eight (11098) other institutional investorsinvestors (including the Purchasers), each of whom was offered all or a portion of the Notes at private sale for investment.

Private Offering of Notes. Neither the Company nor Xxxxxxx Xxxxx & Co. the Placement Agent (the only Person authorized or employed by the Company as agent, broker, dealer or otherwise in connection with the offering or sale of the Notes or any similar Security of the Company, other than employees of the Company) has offered any of the Notes or any similar Security of the Company for sale to, or solicited offers to buy any thereof from, or otherwise approached or negotiated with respect thereto with, any prospective purchaser, other than you the Purchasers and one hundred ten not more than thirty nine (11039) other institutional investors, each of whom was offered all or a portion of the Notes at private sale for investment.