Common use of Purchase and Delivery Clause in Contracts

Purchase and Delivery. The Company hereby agrees to sell to the several Placement Agents, and the Placement Agents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agree, severally and not jointly, to purchase from the Company the respective principal amount of Securities set forth in Schedule I hereto opposite their names at a purchase price of 97% of the principal amount thereof. Payment for the Securities shall be made against delivery of the Securities at a closing (the "Closing") to be held at the office of Haynxx xxx Boonx, XXP, 3100 Nations Bank Plaza, 901 Xxxx Xxxxxx, Xxxxxx, Xxxxx, xx 10:00 A.M., local time, on November 19, 1997 or at such other time on the same or such other date, not later than December 19, 1997 as shall be designated in writing by you. The time and date of such payment are herein referred to as the Closing Date. Payment for the Securities shall be made by wire transfer of immediately available funds to the respective bank accounts designated in writing by the Company. One or more certificates for the Securities shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than two full business days prior to the Closing Date. The certificates evidencing the Securities shall be delivered to you on the Closing Date for the respective accounts of the several Placement Agents, with any transfer taxes payable in connection with the transfer of the Securities to the Placement Agents duly paid.

Purchase and Delivery. The Company hereby agrees to sell to the several Placement Agents, and the Placement Agents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agree, severally and not jointly, to purchase from the Company the respective principal amount of Securities Notes set forth in Schedule I hereto opposite their names at a purchase price of 97% of the principal amount thereofthereof plus accrued interest, if any, from December 19, 1996 to the date of payment and delivery. Payment for the Securities Notes shall be made against delivery of the Securities Notes at a closing (the "Closing") to be held at the office of Haynxx xxx BoonxXxxxxx Xxxxxxx & Co. Incorporated, XXP0000 Xxxxxxxx, 3100 Nations Bank PlazaXxx Xxxx, 901 Xxxx XxxxxxXxx Xxxx, Xxxxxx, Xxxxx, xx at 10:00 A.M., local time, on November December 19, 1997 1996, or at such other time on the same or such other date, not later than December 19January 6, 1997 1997, as shall be designated in writing by you. The time and date of such payment are herein referred to as the Closing Date. Payment for the Securities Notes shall be made to or as directed by wire transfer of the Company in Federal or other funds immediately available funds to the respective bank accounts designated in writing by the CompanyNew York City. One or more certificates Certificates for the Securities Notes shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than two one full business days day prior to the Closing Date. The certificates evidencing the Securities Notes shall be delivered to you on the Closing Date for the respective accounts of the several Placement Agents, with any transfer taxes payable in connection with the transfer of the Securities Notes to the Placement Agents duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company Company, upon the basis of the representations and warranties of the Placement Agents herein contained, hereby agrees to sell to the several Placement Agents, and the Placement Agents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agree, severally and not jointly, to purchase from the Company the respective principal amount of Securities Notes set forth in Schedule I hereto opposite their names at a purchase price of 9797.25% of the principal amount thereofthereof plus accrued interest, if any, from September 22, 1997 to the date of payment and delivery. Payment for the Securities Notes shall be made against delivery of the Securities Notes at a closing (the "Closing") to be held at the office of Haynxx xxx BoonxShearman & Sterling, XXP599 Lexington Avenue, 3100 Nations Bank PlazaNew York, 901 Xxxx Xxxxxx, Xxxxxx, XxxxxNxx Xxxx, xx 10:00 A.M.0:00 X.X., local timexxxxx xxxx, on November 19xx Xxptember 22, 1997 1997, or at such other time on the same or such other date, not later than December 19October 6, 1997 1997, as shall be designated in writing by you. The time and date of such payment are herein referred to as the Closing Date. Payment for the Securities Notes shall be made by wire transfer of to the Company (which will immediately deposit such proceeds with the Trustee pursuant to the Pledge Agreement) in federal funds or other funds immediately available funds to the respective bank accounts designated in writing by the CompanyNew York City. One or more certificates Certificates for the Securities Notes shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than two one full business days day prior to the Closing Date. The certificates evidencing the Securities Notes shall be delivered to you on the Closing Date for the respective accounts of the several Placement Agents, with any transfer taxes payable in connection with the transfer of the Securities Notes to the Placement Agents duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company ITC hereby agrees to sell to the --------------------- several Placement Agents, and the Placement Agents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agree, severally and not jointly, to purchase from the Company ITC the respective principal amount of Securities Notes set forth in Schedule I hereto opposite their names at a purchase price of 97% of the principal amount thereofthereof plus accrued interest, if any, from June 3, 1997 to the date of payment and delivery. Payment for the Securities Notes shall be made against delivery of the Securities Notes at a closing (the "Closing") to be held at the office of Haynxx xxx BoonxShearman & Sterling, XXP, 3100 Nations Bank Plaza, 901 Xxxx 000 Xxxxxxxxx Xxxxxx, XxxxxxXxx Xxxx, XxxxxXxx Xxxx, xx 10:00 at 9:00 A.M., local time, on November 19June 3, 1997 1997, or at such other time on the same or such other date, not later than December 19June 17, 1997 1997, as shall be designated in writing by you. The time and date of such payment are herein referred to as the Closing Date. Payment for the Securities Notes shall be made to ITC (which will immediately deposit such funds as required by wire transfer of the Pledge and Security Agreement) in federal funds or other funds immediately available funds to the respective bank accounts designated in writing by the CompanyNew York City. One or more certificates Certificates for the Securities Notes shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than two one full business days day prior to the Closing Date. The certificates evidencing the Securities Notes shall be delivered to you on the Closing Date for the respective accounts of the several Placement Agents, with any transfer taxes payable in connection with the transfer of the Securities Notes to the Placement Agents duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company Issuers hereby agrees agree to sell to the several Placement Agents, and the Placement Agents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agree, severally and not jointly, to purchase from the Company Issuers the respective principal amount number of Securities Units set forth in Schedule I II hereto opposite their names at a purchase price of 97% of the principal amount thereof$970.00 per Unit. Payment for the Securities Units shall be made against delivery of the Securities Units at a closing (the "Closing") to be held at the office offices of Haynxx xxx BoonxShearman & Sterling, XXP, 3100 Nations Bank Plaza, 901 Xxxx 000 Xxxxxxxxx Xxxxxx, XxxxxxXxx Xxxx, XxxxxXxx Xxxx, xx at 10:00 A.M., local time, on November 19October 3, 1997 1996, or at such other time on the same or such other date, not later than December 19October 15, 1997 1996, as shall be designated in writing by youyou (the "Closing Date"). The time Payment for the Units shall be made to the Note Issuer for itself (with respect to the Notes) and date on behalf of Holdings (with respect to the Warrants) in Federal or other funds immediately available in New York City. Certificates for the Global Notes (as defined in the Memorandum) shall be in bearer form and in such payment are herein referred denominations as you shall request in writing not less than one full business day prior to as the Closing Date. Payment Certificates for the Securities shall be made by wire transfer of immediately available funds to Global Warrants (as defined in the respective bank accounts designated in writing by the Company. One or more certificates for the Securities Memorandum) shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than two one full business days day prior to the Closing Date. The certificates evidencing the Securities Notes and the Warrants shall be delivered to you on the Closing Date for the respective accounts of the several Placement Agentsas you shall request, with any transfer taxes payable in connection with the transfer of the Securities Units, the Notes or the Warrants to the Placement Agents Agent duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company hereby agrees to sell to the several Placement Agents, and the Placement Agents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agree, severally and not jointly, to purchase from the Company the respective principal amount of Securities Notes set forth in Schedule I hereto opposite their names at a purchase price of 9797.054% of the principal amount thereofthereof plus accrued interest, if any, from December 22, 1998 to the date of payment and delivery. Payment for the Securities Notes shall be made against delivery of the Securities Notes at a closing (the "Closing") to be held at the office of Haynxx xxx BoonxShearman & Sterling, XXP, 3100 Nations Bank Plaza, 901 Xxxx 599 Xxxxxxxxx Xxxxxx, XxxxxxXxx Xxxx, XxxxxXxx Xxxx, xx 10:00 A.M.9:00 a.m., local New York City time, on November 19December 22, 1997 1998, or at such other time on the same or such other date, not later than December 1929, 1997 1998, as shall be designated in writing by you. The time and date of such payment are herein referred to as the Closing Date. Payment for the Securities Notes shall be made by wire transfer of to an account previously designated to the Placement Agents by the Company in immediately available funds to the respective bank accounts designated in writing by the Companyfunds. One or more certificates Certificates for the Securities Notes shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than two one full business days day prior to the Closing Date. The certificates evidencing the Securities Notes shall be delivered to you on the Closing Date for the respective accounts of the several Placement Agents, with any transfer taxes payable in connection with the transfer of the Securities Notes to the Placement Agents duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company hereby agrees to sell to the several Placement Agents, and the Placement Agents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agree, severally and not jointly, to purchase from the Company the respective principal amount number of Securities Units set forth in Schedule I hereto opposite their names at a purchase price of 97% $508.43 per Unit plus accrued amortization of original issue discount on the principal amount thereofNotes, if any, from March 6, 1997 to the date of payment and delivery. Payment for the Securities Units shall be made against delivery of the Securities Units at a closing (the "Closing") to be held at the office of Haynxx xxx BoonxShearman & Sterling, XXP, 3100 Nations Bank Plaza, 901 Xxxx 000 Xxxxxxxxx Xxxxxx, XxxxxxXxx Xxxx, XxxxxXxx Xxxx, xx 10:00 at 9:00 A.M., local time, on November 19March 6, 1997 1997, or at such other time on the same or such other date, not later than December 19March 20, 1997 1997, as shall be designated in writing by you. The time and date of such payment are herein referred to as the Closing Date. Payment for the Securities Units shall be made by wire transfer of to the Company in federal funds or other funds immediately available funds to the respective bank accounts designated in writing by the CompanyNew York City. One or more certificates Certificates for the Securities Units, the Notes and the Warrants shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than two one full business days day prior to the Closing Date. The certificates evidencing the Securities Units, the Notes and the Warrants shall be delivered to you on the Closing Date for the respective accounts of the several Placement Agents, with any transfer taxes payable in connection with the transfer of the Securities Units, the Notes or the Warrants to the Placement Agents duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company hereby agrees to sell to the --------------------- several Placement Agents, and the Placement Agents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agree, severally and not jointly, to purchase from the Company the respective principal amount of Securities Notes set forth in Schedule I hereto opposite their names at a purchase price of 9797.4025% of the principal amount thereofthereof plus accrued interest, if any, from March 3, 1998 to the date of payment and delivery. Payment for the Securities Notes shall be made against delivery of the Securities Notes at a closing (the "Closing") to be held at the office of Haynxx xxx BoonxShearman & Sterling, XXP, 3100 Nations Bank Plaza, 901 Xxxx 000 Xxxxxxxxx Xxxxxx, XxxxxxXxx Xxxx, XxxxxXxx Xxxx, xx 10:00 at 9:00 A.M., local time, on November 19March 3, 1997 1998, or at such other time on the same or such other date, not later than December 19March 17, 1997 1998, as shall be designated in writing by you. The time and date of such payment are herein referred to as the Closing Date. Payment for the Securities Notes shall be made by wire transfer of to the Company in federal funds or other funds immediately available funds to the respective bank accounts designated in writing by the CompanyNew York City. One or more certificates Certificates for the Securities Notes shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than two one full business days day prior to the Closing Date. The certificates evidencing the Securities Notes shall be delivered to you on the Closing Date for the respective accounts of the several Placement Agents, with any transfer taxes payable in connection with the transfer of the Securities Notes to the Placement Agents duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company hereby agrees to sell to the several Placement Agents, and the Placement Agents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agree, severally and not jointly, to purchase from the Company the respective principal amount amounts of Securities set forth in Schedule I hereto opposite their names at a purchase price of 9796.5% of the principal amount thereofthereof plus accrued interest, if any, from June 15, 1997 to the Closing Date. Payment for the Securities shall be made against delivery of the Securities at a closing (the "Closing") to be held at the office of Haynxx xxx BoonxShearman & Sterling, XXP, 3100 Nations Bank Plaza, 901 Xxxx 000 Xxxxxxxxx Xxxxxx, XxxxxxXxx Xxxx, XxxxxXxx Xxxx, xx at 10:00 A.M., local time, on November 19September 30, 1997 1997, or at such other time on the same or such other date, not later than December 19October 10, 1997 1997, as shall be designated in writing by you. The time and date of such payment are herein referred to as the Closing Date. Payment for the Securities shall be made by wire transfer of immediately available funds to the respective bank accounts an account designated in writing by the Company. One or more certificates Certificates for the Securities shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than two three full business days prior to the Closing Date. The certificates evidencing the Securities shall be delivered to you on the Closing Date for the respective accounts of the several Placement Agents, with any transfer taxes payable in connection with the transfer of the Securities to the Placement Agents duly paid, against payment of the purchase price therefor.

Purchase and Delivery. The Company hereby agrees to sell to the --------------------- several Placement Agents, and the Placement Agents, upon the basis of the representations and warranties herein contained, but subject to the conditions hereinafter stated, agree, severally and not jointly, to purchase from the Company the respective principal amount of Securities Notes set forth in Schedule I hereto opposite their names at a purchase price of 9797.50% of the principal amount thereofthereof plus accrued interest, if any, from November 5, 1998 to the date of payment and delivery. Payment for the Securities Notes shall be made against delivery of the Securities Notes at a closing (the "Closing") to be held at the office of Haynxx xxx BoonxShearman & Sterling, XXP, 3100 Nations Bank Plaza, 901 Xxxx 000 Xxxxxxxxx Xxxxxx, XxxxxxXxx Xxxx, XxxxxXxx Xxxx, xx 10:00 at 9:00 A.M., local time, on November 195, 1997 1998, or at such other time on the same or such other date, not later than December November 19, 1997 1998, as shall be designated in writing by you. The time and date of such payment are herein referred to as the Closing Date. Payment for the Securities Notes shall be made by wire transfer of to the Company in federal funds or other funds immediately available funds to the respective bank accounts designated in writing by the CompanyNew York City. One or more certificates Certificates for the Securities Notes shall be in definitive form and registered in such names and in such denominations as you shall request in writing not less than two one full business days day prior to the Closing Date. The certificates evidencing the Securities Notes shall be delivered to you on the Closing Date for the respective accounts of the several Placement Agents, with any transfer taxes payable in connection with the transfer of the Securities Notes to the Placement Agents duly paid, against payment of the purchase price therefor.