Purchase of Subsequently Purchased Notes at Buyer’s Election Sample Clauses

Purchase of Subsequently Purchased Notes at Buyer’s Election. For one or more Subsequent Closings, the Buyers may deliver to the Company a written notice (an “Election Notice”) setting forth a principal amount of additional Notes (the “Subsequently Purchased Notes” and, together with the Initial Purchased Notes, the “Purchased Securities”), that the Buyers desire to purchase, and which the Company shall issue and sell, at such Subsequent Closing. Subject to the satisfaction (or waiver) of the conditions set forth in Sections 6 and 7(b), as applicable, and in reliance upon the effective Registration Statement the Company agrees to issue and sell to each Buyer, and each Buyer severally, but not jointly, agrees to purchase from the Company at such Subsequent Closing, the aggregate principal amount of Subsequently Purchased Notes as is set forth on such Election Notice, provided that the maximum aggregate principal amount of Subsequently Purchased Notes issued pursuant to this Agreement to any Buyer shall not exceed the aggregate principal amounts as is set forth opposite such Buyer’s name in column (5) on the Schedule of Buyers.
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Related to Purchase of Subsequently Purchased Notes at Buyer’s Election

  • SALE AND PURCHASE OF NOTES Subject to the terms and conditions of this Agreement, the Company will issue and sell to each Purchaser and each Purchaser will purchase from the Company, at the Closing provided for in Section 3, Notes in the principal amount specified opposite such Purchaser’s name in Schedule A at the purchase price of 100% of the principal amount thereof. The Purchasers’ obligations hereunder are several and not joint obligations and no Purchaser shall have any liability to any Person for the performance or non-performance of any obligation by any other Purchaser hereunder.

  • Acknowledgment Regarding Purchasers’ Purchase of Shares The Company acknowledges and agrees that each of the Purchasers is acting solely in the capacity of an arm’s length purchaser with respect to the Transaction Documents and the transactions contemplated thereby. The Company further acknowledges that no Purchaser is acting as a financial advisor or fiduciary of the Company (or in any similar capacity) with respect to the Transaction Documents and the transactions contemplated thereby and any advice given by any Purchaser or any of their respective representatives or agents in connection with the Transaction Documents and the transactions contemplated thereby is merely incidental to the Purchasers’ purchase of the Shares. The Company further represents to each Purchaser that the Company’s decision to enter into this Agreement and the other Transaction Documents has been based solely on the independent evaluation of the transactions contemplated hereby by the Company and its representatives.

  • Schedule of Receivables to the Transfer Notice As of the Cutoff Date, the information set forth in the Schedule of Receivables attached to the Transfer Notice shall be true and correct in all material respects.

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