Private Placement Documents. The information concerning the Company or the Vendor to be included in the Private Placement Documents provided and reviewed by the Company, including all financial and other information relating to or derived from, the Company and the Vendor, will not contain any Misrepresentation concerning the Company or the Vendor or the Business.
Private Placement Documents. The terms and conditions of the Senior Subordinated Notes, the Indenture and any other document executed in connection with the Private Placement shall in all respects be satisfactory to Agent;
Private Placement Documents. The Company is entering into this Agreement and the Registration Rights Agreement with the each of the other Purchasers. No other Purchaser has been offered any rights under any “side letter” to this Agreement or the Registration Rights Agreement, or under any other agreement in connection with the transactions contemplated hereby, which have not also been offered to the Purchaser. Neither this Agreement nor the Registration Rights Agreement entered into by the Company and any other Purchaser for Shares contain any material terms, provisions, conditions or covenants that differ from those contained in this Agreement and the Registration Rights Agreement entered into by the Company and the Purchaser.
Private Placement Documents. The Private Placement Documents are in full force and effect on the terms contemplated by this Agreement, the Pre-Pricing Prospectus and the Prospectus.
Private Placement Documents. The Private Placement Documents shall remain in full force and effect and no event shall have occurred giving any party the right to terminate the Purchase Agreement pursuant to the terms thereof.
Private Placement Documents. Except as permitted pursuant to the Intercreditor Agreement, (a) permit the Private Placement Documents to be amended, supplemented or otherwise modified or (b) make any payment with respect to Private Placement Debt.
Private Placement Documents. Except for the Bank Investment Agreement, the Stockholders’ Agreement and the Registration Rights Agreement, none of the Company or its Subsidiaries has provided any Investors with governance, economic, liquidity or other terms that are more favorable or in addition to the terms provided in this Agreement. No Investor has been offered any rights under any “side letter” to any Private Placement Documents, or under any other agreement in connection with the transactions contemplated hereby, which have not also been offered to each Key Investor (defined below).
Private Placement Documents. The Borrowers have provided to the Administrative Agent and the Lenders a true and correct copy of the material Private Placement Documents. No rights or obligations of any party to any of the Private Placement Documents have been waived and no Credit Party that is a party to any of the Private Placement Documents is in default of its obligations or in breach of any representations or warranties made by it thereunder. Each of the Private Placement Documents is a valid, binding and enforceable obligation of each Credit Party that is a party thereto in accordance with its terms and is in full force and effect. To the knowledge of Parent or any Borrower, (a) no party to any of the Private Placement Documents is in default of its obligations or in breach of any representations or warranties made by it thereunder, and (b) each of the Private Placement Documents is a valid, binding and enforceable obligation of each party thereto in accordance with its terms.
